HomeMy WebLinkAboutORD 2014-074WHEREAS, an application was made requesting issuance of a conditional use
permit by making applications for same with the Planning & Zoning Commission of the City
of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of
Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been
complied with, the case having come before the City Council of the City of Grapevine,
Texas, after all legal notices requirements, conditions and prerequisites having been
complied with; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council did consider the following factors in making a determination as to
whether this requested conditional use permit should be granted or denied: safety of the
motoring public and the pedestrians using the facilities in the area immediately surrounding
the site; safety from fire hazards and measures for fire control; protection of adjacent
property from flood or water damages, noise producing elements, and glare of the
vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting, and types of signs and relation of signs to traffic control
and adjacent property; street size and adequacy of width for traffic reasonably expected to
be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking
facilities; location of ingress and egress points for parking and off-street locating spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on
the promotion of health and the general welfare; effect on light and air; the effect on the
overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewerage, schools, parks and other facilities; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council of the City of Grapevine, Texas, did consider the following factors
in making a determination as to whether this requested conditional use permit should be
granted or denied; effect on the congestion of the streets, the fire hazards, panics and
other dangers possibly present in the securing of safety from same, the effect on the
promotion of health and the general welfare, effect on adequate light and air, the effect on
the overcrowding of the land, the effect on the concentration of population, the effect on
the transportation, water, sewerage, schools, parks and other public facilities; and
WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been
satisfied by the submission of evidence at a public hearing; and
WHEREAS, the City Council further considered among other things the character of
the existing zoning district and its peculiar suitability for particular uses and with the view to
conserve the value of buildings and encourage the most appropriate use of land
throughout this City; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is
a public necessity for the granting of this conditional use permit, that the public demands it,
that the public interest clearly requires the amendment, that the zoning changes do not
unreasonably invade the rights of those who bought or improved property with reference to
the classification which existed at the time their original investment was made; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that the
conditional use permit lessens the congestion in the streets, helps secure safety from fire,
panic and other dangers, prevents the overcrowding of land, avoids undue concentration of
population, facilitates the adequate provisions of transportation, water, sewerage, schools,
parks and other public requirements; and
WHEREAS, the City Council of the City of Grapevine, Texas, has determined that
there is a necessity and need for this conditional use permit and has also found and
determined that there has been a change in the conditions of the property surrounding and
in close proximity to the property requested for a change since this property was originally
classified and, therefore, feels that the issuance of this conditional use permit for the
particular piece of property is needed, is called for, 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. 2014-74 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 CU14-44 amending the site plan approved by
Ordinance No. 2004-77, as amended, for a non-profit organization specifically to enlarge
the existing operation in a district zoned "R-12.5" Single Family District Regulations within
the following described property: Lot 1 R, Block 1, Walnut Street Addition (837 East Walnut
Street) all in accordance with a site plan approved pursuant to Section 47 of Ordinance No.
82-73, attached hereto and made a part hereof as Exhibit "A", and all other conditions,
restrictions, and safeguards imposed herein, including but not limited to the following:
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.
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
*RD. NO. 2014-74 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 16th day of December, 2014.
Osage -Magi
W-ifffam- N. Tate
Mayor
ATTEST:
Lhabledly
Tara Brooks
Assistant City Secretary
Ben Stool
Assistant City Attorney
ORD. NO. 2014-74 4
TO ORD. apILI-0
Page of
BLOCK 8
D. E. BOX ADDITION
VOL. 388-D, PG. 2
P.R.T.C.T.
TRACT 2Q1A TRACT 2Q3 TRACT 2Q
MAGNOLIA PROJECTS, LTD. MAGNOLIA PROJECTS, LTD.
MAGNOLIA PROJECTS, LTD.
SITE DATA 5UMMARY GHART
EXI5TIN6 ZONING
R -12S SINGLE FAMILY D15TRICT
PROP05ED ZONING
R-125 51NG1_E FAMILY D15TRIGT
OR055 ACREAGE
2.25 ACRES
88,025 5F
NET ACREAGE
2.25 ACRES
48,025 5F
BUILDING COVERAGE
40%(MAXALLOWED) 14%(PROV`IPEV)
AREA OF OPEN 5PACE
52,63q 5F
PERCENTAGE OF OPEN 5PACE
40% (MIN.ALLOWED) 54%(PROVIDED)
AREA OF IMPERVIOUS GOVE-RA5E 45;386 5F
PERCENTAGE OF IMPERVIOUS COVERAGE bO% (MAX.ALLOWEDED) 46%(PROVIDED)
PROPOSED BUILDING AREA
(FOOTPRINT IN 50. FT. W/ PORGHE5) qI0
14,108 5F
15,018 5F
NUM5ER OF STORIES
2 STORIES (ALLOWED) I (PROVIDED)
MAXIMUM BUILDING HEI6HT
35 FEET (ALLOWED) 21'-4' (PROVIDED)
PROPOSED FLOOR AREA
14,108 5F
REQUIRED PARKING
OFFIGE5
(14,108/5OO+5)= 52
PROVIDED PARKING 5PAGE5
STANDARD 50
HANDICAP 2
TOTAL 52
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APPROVED 517E PLAN OF 0004-38 (ORD. 04-17) FOR A NON-PROFIT 5Y
ORGANIZATION SPECIFICALLY TO ENLARGE THE EXISTING OPERATION.
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WALNUT STREET ADDITION
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BLOCK 8 a 0
D. E. BOX ADDITION
VOL. 388-0, PG. 2
P.R.T.C.T.
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EXISTIN6 PORCHM (571-571) 954 W. FT.
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