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HomeMy WebLinkAboutCU2022-03/ PD2022-01April 21, 2022 Ridinger Associates, Inc. ATTN: Jason Kilpatrick 550 S. Edmonds Lane Ste. 550 Lewisville, TX 75067 Re: GRAPEVINE FILE #CU22-031 PD22-01 [Kwik Kar] To Whom It May Concern, This letter is to verify that your request for a conditional use permit to amend the previously approved site plan (CU91-03) and a planned development overlay for property located at 901 West Northwest Highway and platted as Lot 1-R1, Block 1, M. L. Hurst Addition to deviate from perimeter landscape requirements was approved by City Council on Tuesday, April 19, 2022. Please find enclosed an approved site plan for your records. Any changes to a site plan approved with a conditional use or a special use (no matter how minor or major) can only be approved by city council through the public hearing process. No Conditional Use Permit shall be valid for a period longer than one (1) year from the date on which the City Council grants the Conditional Use, unless within such one (1) year period: (1) a Building Permit is obtained and the erection or alteration of a structure is started, or (2) an Occupancy Permit is obtained and a use commenced. The City Council may grant one additional extension not exceeding one (1) year, upon written application, without notice or hearing. No additional extension shall be granted without complying with the notice and hearing requirements for an initial application for a Conditional Use Permit. Please do not hesitate to contact us if we may be of further assistance (817) 410-3155. Sincerely, "Owe444-1� Erica Marohnic, AICP Planning Services Director Planning Services 200 S. Main Street Grapevine, TX 76150 1 CU22_03PD22_01_040722_020543PM_cf63bfcf OWNER_NAME OWNER_ADDRESS OWNER_CITY OWNER_ZIP5 SITUS_ADDRESS OWNER_STATE LEGAL_LINEGENESIS GRAPEVINE PROP MGMT 1217 JASMINE PL OGDEN 50212 901 W WALL ST IA WALL STREET ADDITION Block 1 Lot 2UNITED FOOD & COMM WKRS UNION 967 W WALL ST STE 120 GRAPEVINE 76051 967 W WALL ST TX WALL STREET ADDITION Block 1 Lot 1D.F.W. I.C.C. INC 1010 W NORTHWEST HWY GRAPEVINE 76051 1010 W NORTHWEST HWY TX LUCAS, W C ADDITION Block 1 Lot 6RWOODGREEN TX LLC PO BOX 1159 DEERFIELD 60015 912 W NORTHWEST HWY IL DEAN/DAVIS ADDITION Block 1 Lot 1 PER PLAT A8706OMNEX INC 901 W NORTHWEST HWY GRAPEVINE 76051 897 W NORTHWEST HWY TX HURST, M L ADDITION Block 1 Lot 2ROMNEX INC 901 W NORTHWEST HWY GRAPEVINE 76051 901 W NORTHWEST HWY TX HURST, M L ADDITION Block 1 Lot 1RMUA GV PROPERTIES LLC 919 W NORTHWEST HWY GRAPEVINE 76051 919 W NORTHWEST HWY TX HURST, M L ADDITION Block 1 Lot 2LANCASTER, TIMOTHY L 4100 HERITAGE AVE STE 105 GRAPEVINE 76051 1001 W NORTHWEST HWY TX MAHAN, THOMAS SURVEY Abstract 1050 Tract 4D04FIRST FINANCIAL BANK NA PO BOX 92840 SOUTHLAKE 76092 1015 W NORTHWEST HWY TX ALAMO ADDITION Block 1 Lot 1900 WALL LLC 740 SIMMONS RD LEWISVILLE 75077 900 W WALL ST TX HURST, M L ADDITION Block 1 Lot 3RLANCASTER, TIMOTHY L 4100 HERITAGE AVE STE 105 GRAPEVINE 76051 1002 W WALL ST TX MAHAN, THOMAS SURVEY Abstract 1050 Tract 4D04AOMNEX INC 901 W NORTHWEST HWY GRAPEVINE 76051 100 BALL ST TX MAHAN, THOMAS SURVEY Abstract 1050 Tract 4H05SCMM HOLDINGS LLC 801 W WALL ST GRAPEVINE 76051 801 WALL ST TX MASON DENTAL ADDITION Block 1 Lot 1 900 WALL LLC 740 SIMMONS RD LEWISVILLE, TX 75077 CU22_03PD22_01_040722_020543PM Labels - Count: 13 Page 1 D.F.W. I.C.C. INC 1010 W NORTHWEST HWY GRAPEVINE, TX 76051 CU22_03PD22_01_040722_020543PM Labels - Count: 13 Page 1 FIRST FINANCIAL BANK NA PO BOX 92840 SOUTHLAKE, TX 76092 CU22_03PD22_01_040722_020543PM Labels - Count: 13 Page 1 GENESIS GRAPEVINE PROP MGMT 1217 JASMINE PL OGDEN, IA 50212 CU22_03PD22_01_040722_020543PM Labels - Count: 13 Page 1 MUA GV PROPERTIES LLC 919 W NORTHWEST HWY GRAPEVINE, TX 76051 CU22_03PD22_01_040722_020543PM Labels - Count: 13 Page 1 OMNEX INC 901 W NORTHWEST HWY GRAPEVINE, TX 76051 CU22_03PD22_01_040722_020543PM Labels - Count: 13 Page 1 SCMM HOLDINGS LLC 801 W WALL ST GRAPEVINE, TX 76051 CU22_03PD22_01_040722_020543PM Labels - Count: 13 Page 1 TIMOTHY L LANCASTER 4100 HERITAGE AVE STE 105 GRAPEVINE, TX 76051 CU22_03PD22_01_040722_020543PM Labels - Count: 13 Page 1 UNITED FOOD & COMM WKRS UNION 967 W WALL ST STE 120 GRAPEVINE, TX 76051 CU22_03PD22_01_040722_020543PM Labels - Count: 13 Page 1 WOODGREEN TX LLC PO BOX 1159 DEERFIELD, IL 60015 CU22_03PD22_01_040722_020543PM Labels - Count: 13 Page 1 CU22_03PD22_01_040722_020543PM Labels - Count: 13 Page 1 ile #: CU22-03/ PD22-01 Kwik Kar NOTICE OF PUBLIC HEARING GRAPEVINE CITY COUNCIL AND PLANNING AND ZONING COMMISSION Because you are a property owner within 200 feet of the subject tract of land as shown by the last City-approved tax rolls, you received this notice. If you cannot or do not wish to attend the hearing, the attached form is provided for your convenience. If owners of more than 20% of the property within 200 feet of the subject tract object to the case, a 3/4 vote of the City Council is required to approve the request. Purpose of Request: The public hearing is to consider an application submitted by Ridinger Associates, Inc. for property located at 901 West Northwest Highway and proposed to be platted as Lot 1-R1, Block 1, M. L. Hurst Addition. The applicant is requesting a Conditional Use Permit to amend the previously approved site plan (CU91-03) and Planned Development Overlay to deviate from but not be limited to perimeter landscape requirements. The property is currently zoned “HC” Highway Commercial District and owned by Omnex, Inc. A copy of the site plan is on file with the Department of Development Services or online with the City Council packets at https://grapevinetexas.gov/89/Agendas-Minutes 72 hours prior to the meeting. Hearing Procedure: When: 7:30 PM, TUESDAY, APRIL 19, 2022 W hat: JOINT PUBLIC HEARING GRAPEVINE CITY COUNCIL & PLANNING AND ZONING COMMISSION Location: PUBLIC HEARING: COUNCIL CHAMBERS, 2nd FLOOR COMMISSION'S DELIBERATION SESSION, 2nd FLOOR 200 S. MAIN STREET, GRAPEVINE, TEXAS Applicant and Other Speakers' Presentation. Public Input, Neighborhood Associations, Property Owners within 200 feet, Interested Citizenry. Questions from City Council and Planning and Zoning Commission for Applicants, City Staff and Guests Present. File #: CU22-03/ PD22-01 Kwik Kar WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, APRIL 18, 2022. 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) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ______________________________________________________________________ Printed Property Owner Name and Address, or Lot, Block and Subdivision: ________________________________________________________________________ ________________________________________________________________________ Signature :______________________________________(Phone No.)________________ Printed Name of Signee: ______________________________ Title: _________________ Telephone: (817) 410-3155 Direct questions and mail responses to: Planning Technician Department of Planning Services City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 T H E G R O U P W C A B L E 1 6 4 7 5DEANDAVIS 9 5 5 0 D E A N D A V IS 9 5 5 0 A L A M O A D D N 2 5 3 H A F C O A D D N 1 5 9 G M L H U R S T 2 0 8 6 8 WA L K E R 4481 2 R A T L IF F A D D N 33638W C L U C A S 2 4 4 2 0 2.49 9 @ .224 @.5 1 4 @.3 2 A C .2 4 A C 1 1 1 11 1 PONY PKWYT R 4 D 4 TR 4H5T R 4 D 4 A 5 6R 15 1 2 21 1 1R 6R 3R 1 2 2 R M A S O N D E N T A L 2 5 0 3 2 1 12.49 9 @1 W A L L S T A D D N 4 4 8 9 511 2 1.8 83 @ T H E G R O U P W C A B L E 1 6 4 7 5PONYPKWY .4 5 9 0 @ .4 84 0@ GU GUPO HC CU22-03/ PD22-01Kwik Kar 0 50 100 150 200Feet ² Date Prepared: 4/7/2022 This data has been compiled by the City of Grapevine IT/GIS department. Various official and unofficial sources wereused to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee isgiven or implied as to the accuracy of said data. SUBJECT PRO PERTY T H E G R O U P W C A B L E 1 6 4 7 5DEANDAVIS 9 5 5 0 D E A N D A V IS 9 5 5 0 A L A M O A D D N 2 5 3 H A F C O A D D N 1 5 9 G M L H U R S T 2 0 8 6 8 WA L K E R 4481 2 R A T L IF F A D D N 33638W C L U C A S 2 4 4 2 0 2.49 9 @ .224 @.5 1 4 @.3 2 A C .2 4 A C 1 1 1 11 1 PONY PKWYT R 4 D 4 TR 4H5T R 4 D 4 A 5 6R 15 1 2 21 1 1R 6R 3R 1 2 2 R M A S O N D E N T A L 2 5 0 3 2 1 12.49 9 @1 W A L L S T A D D N 4 4 8 9 511 2 1.8 83 @ T H E G R O U P W C A B L E 1 6 4 7 5PONYPKWY .4 5 9 0 @ .4 84 0@ GU GUPO HC CU22-03/ PD22-01Kwik Kar 0 50 100 150 200Feet ² Date Prepared: 4/7/2022 This data has been compiled by the City of Grapevine IT/GIS department. Various official and unofficial sources wereused to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee isgiven or implied as to the accuracy of said data. O:\ZCU\2022\CU22-03\CU22-03 PD22-01.1.doc-02.1 1 KWIK KAR (Revision #1) Please email a PDF of the revised submittal to by December 27, 2021. Please do not reproduce final copies requested below prior to Planning Staff approval. It is important that each sheet must be legible on an 11” x17” sheet. Please verify that all labeling is legible at the reduced size. It is recommended that the development proposal on the adjacent site to the east and the subject site coordinate a the respective cases for the same public hearing. All Sheets • Add case name, case numbers CU22-03/PD22-01, the address and sheet numbers to the signature block. Dimensional Control Site Plan • Add the following notes: o Conditional use request CU22-03 is a request to amend the previously approved plan CU91-03 (Ord. 1991-11) for an auto repair garage, specifically to revise the lot boundary for an existing auto repair facility. Planned Development PD22-01 is a request to allow but not be limited to deviation from the perimeter landscape area requirements o Board of Zoning Adjustment request is a special exception to include but not be limited to minimum open space, maximum impervious area, front yard landscaping, perimeter landscaping requirements and buffer requirements. o Refuse and disposal areas shall be landscaped and screened from view. o Lighting shall be designed to reflect away from residential areas. Lighting levels adjacent to all property lines may not exceed 3.0 footcandles. o All requirements of the Grapevine Soil Erosion Control Ordinance shall be met. • Label proposed and or existing pavement and provide a vehicle circulation plan. • In two columns, revise the site data summary table to required and provided for the following: lot area, total building area, height in stories and feet, total impervious area (including percentage of lot), and total open space (landscaping including percentage of lot). CU22-03/PD22-01 DECEMBER 20, 2021 KWIK KAR 901 WEST NORTHWEST HIGHWAY PROPOSED TO BE PLATTED AS LOT 1R1, BLOCK 1, M.L HURST ADDITION O:\ZCU\2022\CU22-03\CU22-03 PD22-01.1.doc-02.1 2 • Add the adjacent zoning to the west, south and east as “HC” Highway Commercial District. • In addition to the graphic scale provide a numeric scale. • Label the right-of way for West Northwest Highway. • Label the location of the refuse container screening device. Landscape plan • Add curb stops to the east property line. • Provide symbols for specie type. • Provide a data table which describes the required and provided interior, perimeter and non-vehicular open space requirements. • Include in the data table the required/provided perimeter trees. The site perimeter is approximately 464 (excluding proposed pavement) lineal feet which requires one tree per fifty feet or twelve trees. • Provide a graphic scale in addition to the numeric scale. • Add the following note: Shrubs shall be a minimum of two (2) feet in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen which will be three (3) feet high within one (1) year after time of planting. Contact Larry Gray - Plans Examiner at 817.410.3165 for the following comments: • Plat access easement. Please email a PDF of the revised submittal to by December 27, 2021. Please do not reproduce final copies requested below prior to Planning Staff approval. It is important that each sheet must be legible on an 11” x17” sheet. Please verify that all labeling is legible at the reduced size. The above comments must be reflected in the revised final submittal, for the next public hearing. Submit revised final submittal to the Development Services at 200 South Main Street. The revised final submittal shall include: One blackline copy of each sheet, (minimum size 22” x 34”) One colored rendering of the landscape plan without text Thirty (30) reduced sorted (collated sets) copies at 11" x 17" three hole punched, stapled and z-folded (fold the right edge to the left edge and then fold the right edge in half to form a z-fold). O:\ZCU\2022\CU22-03\CU22-03 PD22-01.1.doc-02.1 3 Please direct all questions to Albert L. Triplett, Jr. at (8l7) 410-3155. O:/ZCU/CU22-03.4&PD22-01.4 April 18, 2022 (10:48AM) 1 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, PLANNING SERVICES DIRECTOR MEETING DATE: APRIL 19, 2022 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU22-03, AND PLANNED DEVELOPMENT OVERLAY PD22-01, KWIK KAR APPLICANT: Jason R. Kilpatrick, Ridinger Associates PROPERTY LOCATION AND SIZE: The subject property is located at 901 West Northwest Highway, proposed to be platted as Lot 1R1, Block 1, M.L. Hurst Addition. The addition contains 0.407 acres (17,726 square feet). The property has approximately 90 feet of frontage along West Northwest Highway. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the previously approved site plan of CU91-03 (Ord. 1991-11), specifically to revise the lot boundary for an existing automotive repair garage. The applicant is also seeking a planned development overlay to include but not be limited deviation from the perimeter landscape area requirement in conjunction with an automotive repair garage. The applicant intends to expand the subject site 2,089 square feet from 15,637 square feet to 17,726 square feet by adding eight parking spaces adjacent to the east property line. The applicant is requesting a planned development overlay to vary from the 10-foot landscape setback requirement relative to the parking/vehicle use area and adjacent properties. The applicant proposes eliminating required buffer adjacent to the east property line to accommodate customer parking adjacent to the existing automotive repair O:/ZCU/CU22-03.4&PD22-01.4 April 18, 2022 (10:48AM) 2 garage. The property owner owns 47,787 square feet of land in two lots. Proposed Lot 2R1 is 30,061 square feet and under consideration for conditional use permit CU21-29, Scooter’s Coffee Drive Through. As part of the associated final plat for M. L. Hurst Addition, Block 1 Lots 1R1 and 2R1, the property owner will shift the lot line eastward to enlarge lot 1R1 to accommodate desired additional parking. PRESENT ZONING AND USE: The property is currently zoned “HC” Highway Commercial District and is developed with a Kwik Kar automotive repair garage. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the sites to the east and south were rezoned in the 1984 City-wide Rezoning from "R-1" Single-Family Dwelling District to “HC" Highway Commercial District. The site to the north was rezoned from “CC” Community Commercial District to "HC" Highway Commercial District. • On February 19, 1991, City Council approved CU91-02 on the site to the east to allow a convenience store with gasoline sales and off-premise consumption of beer and wine. • On November 16, 1993, City Council approved CU93-12 (Ord. 93-66) on the site to the north, allowing the possession, storage and retail sale of alcoholic beverages (beer and wine only) with off-premise consumption in conjunction with retail grocery sales. The Board of Zoning Adjustment approved a special exception BZA93-38 on the subject site allowing the site to exist as developed. • On July 15, 2003, City Council approved CU03-21 (Ord. 03-48) on the site to the north to the to the former Burrus/IGA market, to allow a freestanding drug store with a drive-through and an increase to the amount of changeable copy on a monument sign. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: “HC”, Highway Commercial District – Walgreens. SOUTH: “HC”, Highway Commercial District – Karate studio EAST: “HC”, Highway Commercial District – Texaco WEST: “HC”, Highway Commercial District – Meat U Anywhere restaurant AIRPORT IMPACT: The subject tract is not located within any of the noise zones as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. O:/ZCU/CU22-03.4&PD22-01.4 April 18, 2022 (10:48AM) 3 MASTER PLAN APPLICATION: The Master Plan designates the subject property as Commercial. This request is compliant with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates West Northwest Highway as a Type C Minor Arterial with a minimum 80-foot right-of-way developed as four lanes with a central turn lane. /at ORDINANCE NO. 2022-027 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT CU22-03 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 1991-11, SPECIFICALLYTO REVISE THE LOT BOUNDARY FOR AN EXISTING AUTOMOTIVE REPAIR GARAGE FOR LOT 1R1, BLOCK 1, M.L. HURST ADDITION 901 WEST NORTHWEST HIGHWAY) IN A DISTRICT ZONED "CC" COMMUNITY 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); 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 and Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent property from flood or water damages, noise producing elements, and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting, and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine, Texas, did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS, the City Council further considered among other things the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and encourage the most appropriate use of land throughout this City; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is a public necessity for the granting of this conditional use permit, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that the conditional use permit lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, prevents the overcrowding of land, avoids undue concentration of population, facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this conditional use permit and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified and, therefore, feels that the issuance of this conditional use permit for the particular piece of property is needed, is called for, an is in the best interest of the public at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this community. 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 Ordinance No. 2022-027 2 of the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code, by granting Conditional Use Permit CU22-03 amending the site plan approved by Ordinance No. 1991-11, specifically to revise the lot boundary for an existing automotive repair garage (Kwik Kar) in a district zoned "HC" Highway Commercial District within the following described property: Lot 1 R1, Block 1, M. L. Hurst Addition (901 West 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. 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. Ordinance No. 2022-027 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 19th day of April, 2022. William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: q- Matffiew C.G. Boyle City Attorney Ordinance No. 2022-027 4 VICINITY MAP NOT TO SCALE PAVING LEGEND PROPOSED CONCRETE PANNG PROPOSED SIDEWALK EXIS77MG CONCRETE NOTES CONDITIONAL USE REQUEST CU22-03 IS A REQUEST TO AMEND THE PREVIOUSLY APPROVED PLAN CU91-03 (ORD, 1991-11) FOR AN AUTO REPAIR GARAGE, SPECIFICALLY TO REVISE THE LOT BOUNDARY FOR AN EXISTING AUTO REPAIR FACILITY. PLANNED DEVELOPMENT PD22-01 IS A REQUEST TO ALLOW BUT NOT BE LIMITED TO DEVIATION FROM THE PERMITER LANDSCAPE AREA REQUIREMENTS. REFUSE AND DISPOSAL AREAS SHALL BE LANDSCAPED AND SCREENED FROM VIEW. LIGHTING SHALL BE DESIGNED TO REFLECT AWAY FROM RESIDENTIAL AREAS, LIGHTING LEVELS ADJACENT TO ALL PROPERTY LINES MAY NOT EXCEED 3,0 FOOTCANDLES, ALL REQUIREMENTS OF THE GRAPEVINE SOIL EROSION CONTROL ORDINANCE SHALL BE MET, NORTHWEST HIGHWAY Utiity E amen-- Yam;,--- 25' Building Setback Line N66'52 367E 1` DROPPEID CURB I I ui I 21' SAWCUI w1 t, OTo EXIS &CONNECT O // PROPPED CURB I"-' TO EXISTING PAVEMENT in y?? 61S77NC PROPOSED I PAVEMENT PAVEMENT N REFUSE CONTAINER SCREENING WALL 0 I 4TO EXIS77NGCOIJNECT PAVEMENTN89' 15 00'E TzTj o' j 1 / S44 15' 00'W L 21.21' I, S89' 15' 00"W 75 4q a I I - - DROPPED `CUR 6 x, a jPnvate 5'Son,tary ='T" -- - --------------- b Sewer Easement I 30' Building Setback Lme 15' 00' Drainage I Easement - r 10' Utility Easement W. WALL STREET Variable Width ROIL 20 0 20 40 SCALE IN FEET 1"= 20' 0 0 az° SITE DATA TABLE PHYSICAL ADDRESS 901 W. NORTHWEST HWY. SITE AM REQUIRED PROVIDED SITE AREA MIN. NOT 5,000 S.F. 0.407 acres / 17,726 s.f. ZONING HC-HIGHWAY COMMERCIAL CURRENT USE AUTOMOTIVE REPAIR PROPOSED USE AUTOMOTIVE REPAIR LOT COVERAGE DATA REQUIRED PROVIDED BUILDING COVERAGE A F.A.R. OF 1.0 13.04% / 2,311 s.f. IMPERVIOUS AREA MAX. OF 85Y OF LOT AREA 65.73% / 11,652 s.f. PERVIOUS AREA MIN. OF 15X OF LOT AREA 34.27X / 6,074 s.f. PARKING SUMMARY REQUIRED PROVIDED SURFACE PARKING AUTO REPAIR (1 SP/125 SF OF GROSS FLOOR AREA) 18 19 HANDICAP PARKING 1 1 TOTAL PARKING 18 19 BUILDING DATA REQUIRED PROVIDED BUILDING NOT EXCEEDING 2 STORY I STORY PEAK HEIGHT 35' MAX. N/A MEAN HEIGHT N/A N/A TOTAL SQUARE FOOTAGE N/A 2,311 s.f. LANDSCAPE AREA: REQUIRED PROVIDED LANDSCAPE AREA: TOTAL LANDSCAPED AREA/OPEN SPACE: 1,773 S.F. 10% 6.074 S.F. 34.279 SITE BENCHMARK: 1.) ELEVATIONS SHOWN HEREON ARE BASED ON THE CITY OF GRAPEVINE G.I.S. MONUMENT NUMBER 5. ELEV = 633 01' 2) " X" SET AT THE SOUTHWEST CORNER OF A CURB INLET, SOUTH R.O.W. LINE OF NORTHWEST HIGHWAY, 20 FEEET (+/—) WEST OF CURB RETURN ELEV. = 606.48'. CASE NAME KWIK CAR CASE NUMBER:CU22-03/PD22-01 ADDRESS/ LEGAL 901 W NORTHWEST HIGHWAY M L HURST ADDITION, LOT 1R1, BLK 1 MAYOR SECRETARY DATE, PLANNING AND ZONING COMMISS1014 CHAIRMAN DATE SHEET 7 OF 4 APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES SITE PLAN PREPARED BY.JASON R. KILPATRICK PE KWIK KAR LURE M, L. BURSTADDITION LOT 1R1, BLOCK 1 THOMAS MAHAN SURVEY, ABSTRACT NO. 1050 in the CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS SUBMITTAL DATE: 1210612021 tiLo 4 I mm yr C Q V ^ o mE E N ' v lPtE OF r it t \... JASON R KILPATRICK 4/'/ Q CL SHEET 1 OF 4 NORTHWEST HIGHWAY t -- 100'R W) L =_ Utility Ead 25' Building Setback Line I s EX 612.70 I3EGIN DROP CURB / 1 f612.86 1TC 3.36 DC 610.36 ' I' ', - .,.,_`,.._. I, °° -.YF it 1 I oI// I TC I 16 O I I Juc m EX, 613.07 O DC 609.97 615 i TC 613.79 ADC 610.79 613. tc, d55 i. y -gt 7= X..614.61,,, 'EX 13.5 TC 61360 614.61 J 613.60/ DC 611.96 TC r I _ iO E— OP' _ - 1 DC 61455 DC 612.57 --- -- ----- -', L \ ID DRTC 614.60 57 C RB r I I Private 5' SanitarY o Sewer Easement 30' Building Setback Line — — — — — — 15'x30' Drainage li I I Easement 10' Utility Easement I J - - - -- - --- -- - - -- - W, WALL STREET Variable Width ROW) LONGITUDINAL 0 NO 4 BAR NO 4 BAR AT CENTERS PROPO--- GRADE G 6" d a. DROP CURB DETAIL N.T.S. NOTES 1. ALL SPOT SHOTS ARE TO TOP OF PAVEMENT UNLESS OTHERWISE NOTED. 2. DC INDICATES THE GROUND ELEVATION AT THE BOTTOM OF THE DROP CURB AND DOES NOT TAKE INTO COIVSIDERA77ON THE BASE OF THE PAVEMENT BELOW THE GROUND ELEVATION. A77EN77ON III CONTRACTOR TO RELD WRIFY LOC. AND LEI. OF ALL EXISTING U77LI71ES PRIOR TO CONS7RUC710N. CALL: 1-800-DIG-TESS 48 HRS. PRIOR TO CONSIRUC770N. ATENC16NI CONTRA77STA DE CAMPO DECONTROL DE LOCALIZACION Y ELEVACION DE TOOOS LOS SERWCIOS EXISTENTES ANTES DE CONS7RUC7IOMCALL: 1-800-DIC-TESS 48, HORAS ANTES DE LA CONS7RUCC161V. 20 0 20 40 SCALE IN FEET LEGEND ss zz PROPOSED ELEVATION sry2 EXISTING ELEVATION WIN FLOW ARROW 61 C- --- EXISTING CONTOURS 16 PROPOSED CONTOURS TREE TO REMAIN TO 622.22 TOP OF CURB DC 622.22 DROPPED CURB SITE BENCMARK: 1.) ELEVATIONS SHOWN HEREON ARE BASED ON THE CITY OF GRAPEVINE G.I.S. MONUMENT NUMBER 5. ELEV. = 633.01'. 2.) "X" SET AT THE SOUTHWEST CORNER OF A CURB INLET, SOUTH R.O.W. LINE OF NORTHWEST HIGHWAY, 20 FEEET (+/-) WEST OF CURB RETURN. ELEV. = 606.48'. CASE NAME.KWIK CAR CASE NUMBER. CU22-03/PD22-01 ADDRESS/LEGAL: 901 W NORTHWEST HIGHWAY HURST ADDITION, LOT 1R1, BLK 1 MAYOR SECRETARY DATE PLANNING AND ZONING COMMISSION CHAIRMAN DATE, SHEET. 2 OF 4 APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES DEPARTMENT OF DEVELOPMENT SERNCES 0 0 a z SITE PLAN PREPARED BY. JASON R. KILPATRICK P.E. KWIK KAR LUBE M.L. HURST ADDI77ON LOT IR1, BLOCK 1 THOMAS MAHAN SURVEY, ABSTRACT NO. 1050 in the CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS SUBMITTAL DATE: 1210612021 O v C $ I anvi ai Lo z z Q i v) Oacey W = dad N v OFS51P`C'»F 1 SJASON R KILPATRICK ff ,ok 130269 % f 11 Po','+.iCENSF-0,14.,yi SHEET 2OF4 NORTHWEST HIGHWAY 100'R.OW) _ y _ sla - , . -- - _ -- ---- --- r. 2 d 10' Uftty Al 25' sa,Imn9Sema.k une — — 4 1 0.13 1.06 1 I C1 , 0.07I 0.57 I 0.21 0 1.71 615 I 0' a I ad am 0.01 0.08 ) F W P Pfl to 5' Sanitary 0 Sewer Easement i 30' Budd,ng Setback Line — 10' Utility Easement W. WALL STREET Variable Width ROW) 15',30' DrainageEasement — POST —DEVELOPMENT CONDITIONS DRAINAGE AREA RUNOFF CALCULATIONS DRAINAGE AREA C tc I Too 0100 COMMENTS AREA NO. (ac) (coeff.) (min) (cfs) (cfs) adjust.) 20 0 20 40 SCALE IN FEEL LEGEND W 0 DRAINAGE DIVIDEAREA FLOW ARROWS m J DRAINAGEAREA NUMBER ACRES 0—:: 0100 1 CASE NAME KWIK CAR CASE NUMBER:CU22-03/PD22-01 ADDRESS/ LEGAL. 901 W NORTHWEST HIGHWAY HURST ADDITION, LOT 1RI, BILK 1 MAYOR SECRETARY DATE PLANNING AND ZONING COMMISSION CHAIRMAN DATE. SHEEP 3 OF 4 APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES DEPARTMENT OF DEVELOPMENT SERVICES Al 0.13 070 10 it 6 1.06 TO CURB INLET IN NORTHWEST HWY. 61 0.21 0.70 10 11.6 1.71 TO LOT 2R7 C1 0.07 0,70 10 11.6 057 PRIVATE DRAINAGE SYSTEM TO THE WEST D1 0.01 0.70 10 116 0.08 TO LOT 3R KWIK KAR L UBE M. L. HURST ADDITION LOT 1R1, BLOCK 1 THOMAS MAHAN SURVEY, ABSTRACT NO. 1050 in the CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS SUBMITTAL DATE: 1210612021 0 Q) O Q00y 4 c' ow O a o mE w zNh o EoJ S! JASON R KILPATRICK 1302 ..»........... pp d 130269 f S/ ONAL EN'r N GENERAL LANDSCAPE NOTES 1. All landscape areas are to be received within .1' of proposed finish gradee and free from all trash and debris 2. All trees are to be planted in pits twice the diameter of the tree ball and no deeper than the depth of the ball Scarify all tree pit sides prior to planting All trees are to be planted plumb and at or slightly above finish grade All tree pits are to have a 3" watering saucer formed around the perimeter of the pit. All tree pits are to be top dressed with a 2" layer of shredded hardwood mulch. Stake and / or guy trees only at the direction of the landscape architect. 3. Rotovate the existing soil of all planting beds to a minimum depth of 6". Add a 3" layer of premium compost as supplied by Living Earth Technology and till into the top 3" of the existing soil. Install all shrubs 1" above finish grade and fertilize with Agri -form slow release fertilizer tablets at the manufacturer's recommended rates of application. Top dress all planting beds with a 2" layer of shredded hardwood mulch 4. All planting beds not formed by a concrete curb or sidewalk are to edged with Steel Edging (1/8"x4" painted green) or an approved equal. All edging stakes are to be placed to the inside of the bed and the top of the edging is to be no less than 1" and no more than 1.5" above proposed finish grade. 5. All turf areas are to be hydromulch Bermudagrass, unless otherwise noted on the plan. 6. Hydromulch with Bermudagrass seed at a rate of two (2) pounds per 12, All mainline and lateral line to have a minimum of 12" of cover and one thousand (1,000) square feet If installation occurs between to be SDR (class 200) pipe. September 1 and April 1, all hydromulch areas to be Writer Ryegrass 13. Quantities shown on plant list are landscape architect's estimate f Contractoratarateoffour4poundsperthousandsquarefeet. Con ctorPPq shallonlyandshouldbeverifiednortobidding. Contractor all beYP9 shall be required to re-hydromulch with Bermudagrass the following responsible for bidding and providing quantity of plants required at growing season. spacing designated for bed sizes and configurations shown on the 7. All sodded areas are to receive common bermuda sod laid parallel plans regardless of quantities designated on plant list to the contour of the land All sod on slopes greater than 1:4 is to IRRIGATION NOTES:: be pinned with 1 "xVx12" wooden stakes. All sod is to be laid with tight 1. All landscaped areas shall be irrigated with an irrigation system joints and with all joints staggerd. Roll all sod with a water ballast capable of providing the proper amount of water for the particular lawn roller upon installation and fertilize with a complete fertilizer for the particular type of plant material used. Irrigation will be 13-13-13) at the rate of 1 5# actual nitrogen per 1000 square feet. provided by an underground sprinkler system, or a subterranean drip Water all sod thoroughly drip system as approved by the City Arborist, 8. All irrigation meter(s) are to be by utility contractors as per 2. Automatic underground irrigation system shall be equipped with local codes. Irrigation sleeves to be installed by licensed freeze guard set at 38 degrees F irrigation contractor as per the plan. 3. Areas of open space which contain preserved trees need not be 9. All irrigation controllers are to have mini -click freeze and rain irrigated if the City Arbonst determines irrigation would be harmful stats installed as per manufacturer's recommendations. to the preserved trees. 10. All irrigation sleeves to be by licensed irrigation contractor. MAINTENANCE NOTES: All sleeves to be PVC schedule 40 with 90 degree elbows on both ends with extensions protruding 18" above proposed finish grade. 1 All plant material shall be maintained in a healthy and growing condition, and must be replaced with plant matenal of similar variety 11. All turf and planting beds to be zoned separately All planting and size if damaged, destroyed or removed, bed heads to be on 12" pop-up risers. All turf heads to be on 4" 2 Landscaped areas shall be kept free of trash, litter, weeds and pop-up risers. All valves to be plastic valves All equipment to be other such materials or plants not part of the landscaping Rainbird or approved equal. 3 The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning and other maintenance of all plantings, including parkways, as needed NORTHWEST HIGHWAY i 100'ROtN) xt 0W0 J Q co LANDSCAPE LEGEND 3— CEDAR ELM / ULMUS CRASSIFOLIA / 3"LCAL. / 5SP. / 8HT.' ' / 0 CONTAINERGROWN2— LIVE OAK / QUERCUS VIERGINIANA/ 0 3" CAL. / 5' SR. / 8' HT. / CONTAINER GROWN 0 DENOTES EXISTING LIVE OAK TREE QUERCUS VIRGINIANA DENOTES EXISTING CRAPE MYRTLE LAGERSTROEMIA INDICA DENOTES EXISTING 0 DWARF YAUPON HOLLY ILEX VOMITORIA ' NANA' DENOTES EXISTING SEASONAL COLOR DENOTES EXISTING BERMUDAGRASS TURF 20 0 20 40 SCALE IN FEET 1" = 20' a o0 Q) 1cwwz. OV Ur V C C 0 vWCO w a o NN m EAll 0 z mow= Z.1 PLANT LIST 2- Live Oak / Quercus virginiana / 3" cal. / 7' ht. / 5' sp. ! Container Grown 2-Live Oak / Quercus wrginiana / 3" cal. ! 7' ht. / S sp. ! Container Grown Bermudagrass / Cynodon dactylon / Solid sod as needed to repair any disturbed grass areas. LANDSCAPE DATA TABLE REQUIRED PROVIDED INTERIOR LANDSCAPING: GROSS PARKING AREA: 11,092 SF 1,109 SF 591 SF* ffj GROSS PARKING AREA NEW CONSTRUCTION IS 2,311 SQ. FT. W INTERIOR TREES: 3 TREES 2 NEW TREES W 1 TREE PER 400 SF OF REQUIRED INTERIOR LANDSCAPE 1 EXISTING TREE F PERIMETER LANDSCAPING: LANDSCAPE SCREENING OF ADJACENT R.O.W. SHRUB HEDGE EXISTING HEDGE Z PERIMETER LANDSCAPE BUFFER 15' BUFFER STRIP 15' BUFFER STRIP ADJACENT PROPERTY PERIMETER LANDSCAPE BUFFER 10' BUFFER STRIP 10' BUFFER STRIP A VARIANCE TO ADJACENT PROPERTY BUFFER REQUIREMENT Y Q! ON EAST AND SOUTH PROPERTY LINE IS BEING RQUESTED. U PERIMETER LANDSCAPE TREES 1 TREE PER 400 LF 5 TREES 5 TREES OF PROPERTY LINE NORTH AND WEST PERIMENTER 240 LF A VARIANCE TO ADJACENT PROPERTY TREE REQUIREMENT ON EAST AND SOUTH PROPERTY LINE IS BEING RQUESTED. NON -VEHICULAR OPEN SPACE: 15% OF SITE AREA 17,456 SF: 2,618 SF 1,659 SF 63% OF REQ' D NON -VEHICULAR LOCATED IN FRONT YARD. NON -VEHICULAR OPEN SPACE TREES: 2 TREES 1 NEW TREE NON -VEHICULAR OPEN SPACE LESS THAN 30% 1 EXISTING TREE Z NOTE: a Shrubs shall beaminimumoftwo (2) feet in height when measured immediately after SOMME planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, LU unbroken, solid, visual screen which will be three (3) feet high within one (1) year after ST. CLAIR DESIGN GROUP, INC n time of planting. Q Landscape Architecture UCASENAME: KWIK CAR P.O. Box 12519 CASE NUMBER: CU22- 03/PD22-01 Dallas, Texas 75225 ADDRESS/LEGAL: 901 W NORTHWEST HIGHWAY T. 214-454- 9934 M.L.HURST ADDITION, LOT 1R1, BLK 1 57 v MAYOR SECRETARY 9trDATE: Z210 py qrF t+ PLANNING AND ZONING COMMISSION OF ontt seuem ,sa, a, D!lION lri Jes N CHAIRMAN DMWN lY, Jae CNla...a Dare: s! elos.1,e ma ON _ O IDATE: p m V w N u) u) KWIK KAR L UBE g SHEET 4 OF 4 L. HURST ADDITION M.L. ozAPPROVAL DOES NOT AUTHORIZE LOT IR1, BLOCK I Y ANY WORK IN CONFLICT WITH THOMAS MAHAN SURVEY, o 's a u ' ANY CODES OR ORDINANCES. ABSTRACT NO. 1050 N m o u o d DEPARTMENT OF DEVELOPMENT SERVICES in the SHEET CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS LP — SUBMITTAL DATE: 1210612021 ORDINANCE NO. 2022-028 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ISSUING PLANNED DEVELOPMENT OVERLAY PD22-01 TO DEVIATE FROM THE PERIMETER LANDSCAPE AREA REQUIRMENT IN THE LANDSCAPING REGUALTIONS (901 WEST NORTHWEST HIGHWAY) 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); 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 and 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 by the City Council of the City of Grapevine, Texas, did consider the 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 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 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Ordinance No. 2022-028 2 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 No. PD22-01 to deviate from the perimeter landscape area requirement in Section 53, Landscaping Regulations within the following described property: 1R1, Block 1, M.L. Hurst Addition (901 West Northwest Highway — Kwik Kar) 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. 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 Ordinance No. 2022-028 3 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 19th day of April, 2022. William D. Tate Mayor ATTEST: o GRAP, I Tara Brooks City Secretary Matthew C.G. Boyle City Attorney Ordinance No. 2022-028 4