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HomeMy WebLinkAboutCU2022-32July 8, 2022 Kirkman Engineering ATTN: Sydney Foster 5200 State Highway 121 Colleyville, TX 76034 Re: GRAPEVINE FILE # CU22-32 [Multi -Tenant Building- Lot 6A] To Whom It May Concern, This letter is to verify that your request for a conditional use permit located at 845 East Northwest Highway, platted Block 1, Lot 6A, Opryland Second Addition was approved by the Site Plan Review Committee on July 7, 2022 subject to the following condition: 1. A written shared parking agreement detailing the arrangement that Lot 7A will provide 1 parking space to Lot 6A to meet parking requirements. A copy of the approved site plan is enclosed. 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, 7,, Erica Marohnic, AICP Planning Services Director Planning Services The City of Grapevine * P.O. Box 95104 * Grapevine, Texas 76099 * (817) 410-3155 * ittps://bit.ly/GrapevinePlanninca Agenda Item # II S. =T`E A'Sti PART 1. APPLICANT INFORMATION Name of applicant / agentYcompany/contact Kirkman Engineering Street address of applicant/agent: 5200 State Highway 121 City/ State /Zip Code of applicant /agent. Colleyville, TX 76034 Telephone number of applicant / agent. 817488-4960 CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" Fax number of applicant/agent Email address of applicant/agent 'Mobile phone number of applicant/agent PART 2. PROPERTY INFORMATION Street address of subject property 845 Ea- dorthwest Highway Legal description of subject property (metes & bounds must be described on 8 V2" x 11"sheet) Lot Block 1 Addition OPRYLAND SECOND ADDITION Size of subject property Lot 6- 0.8456 ac. (Entire Property- 11.34 ac.) Acres Present zoning classification: Proposed use of the property: Planned Community Commercial Medical, Restaurant, Retail Circle yes or no, if applies to this application Outdoor speakers Yes No Minimum / maximum district size for conditional use request: Zoning ordinance provision requiring a conditional use: PART 3. PROPERTY OWNER INFORMATION Name of current property owner.• Grapevine Station North, LLC Street address of property owner: 1000 Texan Trail, Suite 200 City / State / Zip Code of property owner. - Grapevine, TX 76051 Telephone number of property owner. 817-366-4196 C U 22-32 Fax number of property owner. 817-310-3451 36,834 Square footage Submit a letter describing the proposed conditional use and note the request on the site plan document ' : to 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 wilt, or will not cause substantial harm to the value, use, or enjoyment of other property in the neighborhood. Also, describe how the proposed conditional use will add to the value, use or enjoyment of other property in the neighborhood. Application of site plan approval (Section 47, see attached Form 'B'7. The site{plan submission shall meet the reouirements of Section 47, Site Plan Rec ire�gn(s. AN conditional use and conditional use applications are assumed to f - complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled Y.i 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. iF#. 1 have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowledue that all reg irements 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 Prin7{ pp 4nYs�m Applicant's S gnaiure: The State o1V. County Of Before Me L JLLL ) 1 Vl.on this day personally appeared (not ) ap ' ant) known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to tn'regoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. j (Seat) Given under my hand and seat olio c y this day of ( W Y l �, A. D10 Ek. CommissionMy E>�e ID Mo. 0272000 R?i 'ae_ SY: 4:5ARl-f , !Pars Print Property Owners Name: The State Of :a>e Cr. County Of 7 C-rr-"_'1— Before Me [ " 1^ Kkc� (notary) Not d For State f exas Property wner's Signature: on this day personally appeared AL- a-4mrh. (property owner) known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this 15 day of t , - , A. D. 20 -7 - ,•�R'ri'�a,, CUNT BAKER 'P.'rNotary Public. State of Texas •''. °�= Comm. Expires 03-29.2026 Notary ID 131510006 4Notan nd For State ex PART 1. APPLICANT INFORMATION Name of applicant/agent:/company/contact Kirkman Engineering Street address of applicant/agent. 5200 State Highway 121 City/ State / Zip Code of applicant / agent: Colleyville, TX 76034 Telephone number of applicant / agent: 817-488-4960 Email address of applicant/agent EW Applicant's interest in subject property: Commercial Development PART 2. PROPERTY INFORMATION Street address of subject property 845 East Northwest Highwa CITY OF GRAPEVINE SITE PLAN APPLICATION Fax number of applicant / agent: Mobile phone number of applicant/agent Legal description of subject property (metes & bounds must be described on 8 112" x 11" sheet) Lot E Block 1 Addition OPRYLAND SECOND ADDITION Size of subject property Lot 6- 0.8456 ac. (Entire Property- 11.34 ac.)Acres Present zoning classification: I Proposed use of the property. Planned Community Commercial Medical, Restaurant, Retail Give a general description of the proposed use or uses for the proposed development: is one proposed building within the overall community commercial development Zoning ordinance provision requiring a conditional use: PART 3. PROPERTY OWNER INFORMATION Name of current property owner. Grapevine Station North, LLC Street address of property owner. 1000 Texan Trail, Suite 200 City / State /Zip Code of property owner. Grapevine, TX 76051 Telephone number of property owner. 817-366-4196 Fax number of property owner. 817-310-3451 Form "B" 36,834 Square footace 0 Attach a final plat, or replat, of the approved subdivision by city council showing property boundary lines, dimensions, easements, roadways, rail lines, and public rights -of way crossing and adjacent to the tract ( t blueline copy) 10 if a master development plan is required, attach a statement showing the proposed use substantially conforms to the master development plan. st Submit a site plan showing all information required by Section 47.E., Site Plan review requirements (see attached requirements). Provide all required Information demonstrating compliance with all conditions imposed on any conditional use, site plan zoning, or conditional use zoning. .� All site plans must conform to the approved concept plan. Any changes to a site plan, approved with a conditional use or a conditional use, can only be aoaroved by cit4council thro ,17 the�ublicc�rj>� pr [ AN PART 4. SIGNATURE TO AUT ORIZE FI NG F A (�Va � L Print 2100 s A !!cant s 1 na pP 9 The State Of �] County Of { 1� Before Me 1 P. no l t� on this day personally appeared �n 0t,1(� ry � � (applicant _ known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seat of office this 4*"\ day of A.D. 02001--2 . 40 my�e4 m sue" n � .l ' i a 10=12024 L ! .. , .� 10 tbfl. 132720696 Notary n n3For State f Te ofI"" AeAAMV ' LS'� DES' rant Prope wners Name: The State Of County Of Before Me ! r� �r• 4— �. - - 1:_ (notary) Property ner's Signature -ten this -day personally appeared V` / 1 4�� (�:+oa perty owner) known 10 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. (Seat) Given under my hand and seal of office this _ day of A.D. ,,..,�, GLINT SAKER �fi=. Notary Public, Steve of Texas Comm, Expires 03-2'&20,20 Notary In And For State Of Texas 4i�...µ s%' f oterry 10 131510006 ACKNOWLEDGEMENT All Conditional Use and Special Use Applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes to a site plan (no matter how minor or major) approved with a conditional use or a special use permit can only be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. If after said period of four months an application has not been scheduled before the Commission and Council said application shall be considered withdrawn, with forfeiture of all filing fees. The application, along with the required filing fee may be resubmitted any time thereafter for reconsideration. 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. 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 g- - - Date: r Signature of Owner � Date: ILLUMINATION PLAN An illumination plan to include a site photometric (including Illuminated signs) and all fixture details shall be submitted as part of the site plan review process. Applications will not be accepted without this requirement. I hereby acknowledge that an illumination plan has been included as a part of this submittal. Applicant Signature Date: (D / 1 Property Owner Signature Date: lv�ll�ZZ PLATTING VERIFICATION This verification statement must be signed prior To the submittal of this conditional use application It has been determined that the property described below does require platting or replatting and the applicant has been instructed on this procedure. It has been determined that the property described below is currently platted or does not require platting or replatting at this time. Address of subject property b�� L� by L_ Legal description of subject property LD-�- Co. JDUG 'V__ PU6IIC rks Department ©_ -- (2- Z1 Date This form must be signed by the public works department and submitted along with a completed application to the planning and zoning department 0:1ZCU11 Formsl Wxu.doc www.grVaVinatexas.gov 102716. 8 METES AND BOUNDS DESCRIPTION 11.34 ACRES LOTS 2R, 3R, & 4-7 AND BLOCK 1, OPRYLAND SECOND ADDITION IN THE A.F. LEONARD SURVEY, A-946 CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS WHEREAS, Westwood Group Development No. II, LP, is the owner of all that certain 11.34 acres of land, which is all of Lot 2, Block 1, Amending Plat of Opryland Second Addition, recorded in Document Number D204071256, in the Public Records of Tarrant County, Texas (P.R.T.C.T.), conveyed by the deed recorded in Document Number D216269101, P.R.T.C.T. and all of Lot 3, Block 1, Opryland Second Addition, recorded in Document Number D203074845, P.R.T.C.T., conveyed by the deed recorded in Document Number D216269099, P.R.T.C.T., in the A.F. Leonard Survey, A-946 and more particularly described by metes and bounds as follows: (All bearings shown hereon are based on the said Plat of Opryland Second Addition) BEGINNING at a 5/8" iron rod with a cap found for the southwest corner of the northwest intersection corner clip of Ruth Road (right-of-way varies) and Northwest Highway (right-of- way varies), in a curve to the right having a central angle of 19° 07' 30", a radius of 2755.28', and a chord bearing and distance of South 79° 54' 32" West — 915.43' THENCE along the north right-of-way line of said Northwest Highway an arc distance of 919.70' and continuing along the north right-of-way line of said Northwest Highway the following courses: South 89' 27' 41" West — 566.90' to a 1/2" iron rod with a cap stamped "SPRY 5647" set for a point for corner of the herein described tract, in a curve to the right having a central angle of 22' 37' 44", a radius of 130.00', and a chord bearing and distance of North 79' 13' 26" West — 51.0 F; Along said curve to the right an arc distance of 51.34' to a 1/2" iron rod with a cap stamped "SPRY 5647" set for a point for corner of the herein described tract, in a reverse curve to the left having a central angle of 22' 37' 44", a radius of 130.00', and a chord bearing and distance of North 79' 13' 26" West — 51.0F; Along _ said curve to the right an arc distance of 51.34' to a 1/2" iron rod with a cap__ stamped "SPRY 5647" set for a point for corner of the herein described tract; South 89' 27' 50" West — 79.89' to a 1/2" iron rod with a cap stamped "SPRY 5647" set for southeast comer of the northeast corner clip of said Northwest Highway and Boyd Drive (90' right-of-way); THENCE North 45' 35' 37" West — 28.31' departing the north right-of-way line of said Northwest highway along said northeast intersection corner clip of said Northwest Highway and Boyd Drive to a 1/2" iron rod with a cap stamped "SPRY 5647" set for a point for corner of the herein described tract, in the east right-of-way line of said Boyd Drive; THENCE North 00' 19' 53" West — 347.42' to a 5/8" iron rod with a cap stamped "Huitt- Zollars" found for the northwest corner of said Lot 2, Block 1, Opryland Second Addition and the herein described tract, common to the southwest corner of Lot 1, Block 1, Opryland Second Addition, recorded in Document Number D204071256, P.R.T.C.T.; THENCE along the south line of said Lot 1, Block 1, Amending Plat of Opryland Second Addition the following courses: North 89' 27' 41" East — 1062.66' to a 5/8" iron rod found for a point for corner of the herein described tract; North 000 00' 50" East — 24.01' to a 5/8" iron rod found for a point for corner of the herein described tract; North 89' 37' 11" East — 325.15' to a 5/8" iron rod with a cap stamped "DCA" found for the southeast comer of said Lot 1, Block 1, Amending Plat of Opryland Second Addition, common to the northeast comer of said Lot 3, Block 1, Opryland Addition, in the west right-of-way line of said Ruth Road, in a curve to the left having a central angle of 02' 55' 24", a radius of 1014.00', and a chord bearing and distance of South 00' 49' 12" West — 51.73 % THENCE departing the south line of said Lot 1, Block 1, Amending Plat of Opryland Second Addition along said curve to the left and the west right-of-way line of said Ruth Road, an arc distance of 51.74% THENCE South 00' 38' 30" East — 180.32' continuing along the west right-of-way line of said Ruth Road to a 1/2" iron rod with a cap stamped "SPRY 5647" set for the northeast corner of the northwest intersection corner clip of said Northwest Highway and Ruth Road; THENCE South 340 41' 43" West — 32.57' along said northwest intersection corner clip of said Northwest Highway and Ruth Road to the POINT OF BEGINNING and containing 11.34 acres of land. CASE NAME: CASE NUMBER: LOCATION: MAYOR SECRETARY DATE: PLANNING AND ZONING COMMISSION CHAIRMAN DATE: SHEET: OF APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES Binkley Barfield consulting engineers January 18, 2022 Via: E-Mail Erica Marohnic, AICP Director of Planning Services City of Grapevine 200 S. Main Street Grapevine, TX 76051 Re: Addressing Potential Traffic Impacts Caused by the Removal of the Traffic Circle Grapevine Station Westwood Real Estate Group Dear Ms. Marohnic: We are preparing this letter at the request of Mr. Al Burtin with Westwood Real Estate Group associated with his Grapevine Station project located on Northwest Highway in the City of Grapevine. It is our understanding that Mr. Burtin is seeking to replat the property which includes replacing the previously proposed traffic circle within the site with a conventional four -leg intersection. Further, it is our understanding that the City of Grapevine has reservations with this request as they understood that the traffic circle was necessary to prevent right -turning vehicles from Northwest Highway from queueing on the street. As such, the City was seeking to have the previously approved Traffic Impact Analysis (TIA) revised to reflect these changes. After discussion with you and others at the City, it was determined that a revision to the TIA is not necessary if I can provide assurances that the removal of the traffic circle will not lead to vehicles queueing on Northwest Highway. The original TIA for this project, dated June 1, 2018, was prepared by Mr. Cameron Williams, PE. A TIA Amendment was later prepared, dated August 6, 2018, was also prepared by Mr. Williams to address site plan changes and other concerns raised by the City during the review of the original TIA. Unfortunately, Mr. Williams left Binkley & Barfield at the beginning of 2020 and is no longer available to speak to his previous work. I have since reviewed both the original TIA and the TIA Amendment and found no assertions that the traffic circle was necessary to prevent queueing onto Northwest Highway. In my professional opinion, I would not expect there to be any vehicle queues extending onto Northwest Highway caused by inbound right -turning vehicles. Both the original TIA and TIA Amendment did identify moderate queues for exiting vehicles waiting at the driveway in question. This could lead to a condition where the exit queue blocks the internal intersection and may not permit an incoming vehicle from making the immediate left -turn upon entering the site. As such, we recommend that the development provide stop signs on all three internal approaches of the proposed four -leg intersection as well as provide signage directing vehicles to not block the intersection. I appreciate your cooperation in working to address this issue and will be more than happy to discuss further if there are additional concerns or questions. Regards, Binkley & Barfield V06w___� Derek Sweeney, PE, PTOE Sr. Project Manager Binkley & Barfield — A DCCM Company 1801 Gateway Boulevard, Suite 101, Richardson, Texas 75080 1972.644.2800 TxEno F-257 I BinkleyBarfield.com Agenda item # II.B O:\ZCU\2022\CU22-32 Multi-Tenant Building (Lot 6A)\CU22-32.4sprc.doc 1 TO: SITE PLAN REVIEW COMMITTEE MEMBERS FROM: ERICA MAROHNIC, AICP, PLANNING SERVICES DIRECTOR DATE: July 7, 2022 SUBJECT: CONDITIONAL USE REQUEST CU22-32; MULTI-TENANT BUILDNIG: MEDICAL OFFICE, RETAIL AND RESTAURANT WITH A DRIVE THROUGH AND OUTDOOR DINING (TROPICAL SMOOTHIE) RECOMMENDATION Staff recommends the Site Plan Review Committee (SPRC) consider the proposed changes to conditional use request CU21-23 (Ord. 2022-11) to amend the previously approved site plan for a planned commercial center, to allow revisions to a 5,230 square foot multi-tenant building with drive through and outdoor dining, specifically to allow an increase in building area and a reduction in building height. The property is zoned “CC”, Community Commercial District and is owned by Grapevine Station North, LLC. REQUEST On August 21, 2018, City Council approved CU18-19 (Ord. 18-64) for a multi-phase, 11.33 acre planned commercial center located on the north side of East Northwest Highway, between Ruth Wall Road and Boyd Drive. Subsequent to this initial approval, on February 15, 2022, City Council approved conditional use request CU21-23 (Ord. 2022-11) to amend the previously approved site plan for a planned commercial center, specifically to allow for the development of a 5,230 square foot multi-tenant structure including a restaurant with outdoor dining and a drive through. The applicant has reevaluated the dimensions of their approved building plans and with this request, the applicant proposes to increase the total building area by 237 square feet for a total of 5,467 square feet and decrease the building height by two feet from 28 feet,1 1/2 inches to 26-feet, 6 inches. Required parking for all uses within the building is 39 parking spaces, 38 parking spaces are provided onsite and one is provided through a shared parking agreement on an adjacent lot, Lot 7A, to the east as this lot has surplus parking spaces available. BACKGROUND INFORMATION The subject property and the property to the south across Northwest Highway, the property to the east across Boyd Street, and the property to the west across Ruth Wall Road were all zoned “C-2”, Community Business District prior to the 1984 City-wide rezoning. The property to the north of Turner Road was zoned “R-3” Multifamily District and “R-MF-2”, Multifamily District prior to the 1984 City-wide rezoning. • On July 21, 1998, City Council denied zone change request Z98-15 to rezone the Agenda item # II.B O:\ZCU\2022\CU22-32 Multi-Tenant Building (Lot 6A)\CU22-32.4sprc.doc 1 subject site and the property immediately adjacent to the north to “BP”, Business Park District for a professional office/showroom development. • On December 21, 1999, City Council approved CU99-68 (Ord. 99-183) to establish off-site parking, an employee service center and a day-care center in conjunction with the establishment of the Opryland Texas Hotel and Convention Center. • On February 18 2003, City Council approved CU02-60 (Ord. 13-12) for the establishment of a commercial parking lot along with the elimination of the employee service center and day-care associated with the Gaylord Hotel. • On August 21, 2018, City Council approved CU18-19 (Ord. 18-64) on the subject site to allow for a planned commercial center, a multi-structure office complex and a convenience store with gasoline sales, off-premise beer and wine sales, a restaurant with outside dining, and a tunnel-style car wash. • On May 20, 2020, City Council approved CU20-08 (Ord. 20-025) to allow two professional office buildings totaling 15,069 square feet. • On October 19, 2021, City Council approved CU21-25 (Ord. 21-56) for a 950 square foot Dutch Bros. restaurant with a drive through and outdoor speakers. • On February 15, 2022, City Council approved conditional use request CU21-23 (Ord. 2022-11) to amend the previously approved site plan for a planned commercial center, specifically to allow for the development of a 5,230 square foot multi-tenant structure including a restaurant with outdoor dining and a drive through. /em Binkley & Barfield – A DCCM Company 1801 Gateway Boulevard, Suite 101, Richardson, Texas 75080 | 972.644.2800 | TxEng F-257 | BinkleyBarfield.com January 18, 2022 Via: E-Mail Erica Marohnic, AICP Director of Planning Services City of Grapevine 200 S. Main Street Grapevine, TX 76051 Re: Addressing Potential Traffic Impacts Caused by the Removal of the Traffic Circle Grapevine Station Westwood Real Estate Group Dear Ms. Marohnic: We are preparing this letter at the request of Mr. Al Burtin with Westwood Real Estate Group associated with his Grapevine Station project located on Northwest Highway in the City of Grapevine. It is our understanding that Mr. Burtin is seeking to replat the property which includes replacing the previously proposed traffic circle within the site with a convent ional four-leg intersection. Further, it is our understanding that the City of Grapevine has reservations with this request as they understood that the traffic circle was necessary to prevent right-turning vehicles from Northwest Highway from queueing on the street. As such, the City was seeking to have the previously approved Traffic Impact Analysis (TIA) revised to reflect these changes. After discussion with you and others at the City, it was determined that a revision to the TIA is not necessary if I can provide assurances that the removal of the traffic circle will not lead to vehicles queueing on Northwest Highway. The original TIA for this project, dated June 1, 2018, was prepared by Mr. Cameron Williams, PE. A TIA Amendment was later prepared, dated August 6, 2018, was also prepared by Mr. Williams to address site plan changes and other concerns raised by the City during the review of the original TIA. Unfortunately, Mr. Williams left Binkley & Barfield at the beginning of 2020 and is no longer available to speak to his previous work. I have since reviewed both the original TIA and the TIA Amendment and found no assertions that the traffic circle was necessary to prevent queueing onto Northwest Highway. In my professional opinion, I would not expect there to be any vehicle queues extending onto Northwest Highway caused by inbound right-turning vehicles. Both the original TIA and TIA Amendment did identify moderate queues for exiting vehicles waiting at the driveway in question. This could lead to a condition where the exit queue blocks the internal intersection and may not permit an incoming vehicle from making the immediate left-turn upon entering the site. As such, we recommend that the development provide stop signs on all three internal approaches of the proposed four-leg intersection as well as provide signage directing vehicles to not block the intersection. I appreciate your cooperation in working to address this issue and will be more than happy to discuss further if there are additional concerns or questions. Regards, Binkley & Barfield Derek Sweeney, PE, PTOE Sr. Project Manager dsweeney@binkleybarfield.com June 24, 2022 Erica Marohnic Planning Department City of Grapevine 200 South Main Grapevine, Tx. 76051 Re: Response for Lot 6a (845 East N.W. Highway) Parking Comment (CU22-32) The purpose of this letter is to respond to a review comment pertaining to the Master Site Plan- Sheet SP1.0, requesting that a surplus parking space be provided for the above referenced lot due to an increase in the building square footage. Please be advised that a previously recorded document filed on March 3, 2020, known as the Declaration of Restrictions, Covenants and Conditions (CCR's) of Grapevine Station North contains language that provides for cross -access and cross -parking within all the common areas within Grapevine Station North. As stated on page 1, paragraph B of the CCR's, the Common Areas are defined, in part, as rights -of -way, parkways, driveways and parking areas. The adjacent lot (Lot 7a) within Grapevine Station North has 19 unallocated parking spaces. In addition to having the CCR's provide for cross -parking among all the lots within this commercial planned development, please use this letter as the property owner's acknowledgement that one parking space on lot 7a will be dedicated to parking use for Lot 6a. Thank you. Sincerely, d4 ��� � A.L. Burtin, Dev. Director Grapevine Station North, LLC. Page 1 of 40 D220051050 3/3/20201:30 PM PG 40 Fee: $175.00 Submitter. CSC ERECORDING SOLUTIONS Electronically Recorded by Tarrant County Clerk in Official Public Recordsq, �;J,,, V Mary Louise Nicholson DECLARATION OF RESTRICTIONS, COVENANTS AND CONDITIONS, OF GRAPEVINE STATION NORTIR NOW, THEREFORE, know all men by these presents, that GVS North LLC, a Texas limited partnership, being the owner of the Property (defined below) has caused said property to be platted and subdivided into an addition to be known as Grapevine Station North, an addition to the City of Grapevine, Tarrant County, Texas, including Lots (hereinafter defined) according to the plat thereof to be recorded in the plat records, Tarrant County, Texas. For the purpose of assuring the orderly and uniform development of the Property, for the further purpose of providing for the preservation of the values and amenities in said community; for the creation and maintenance of a planned commercial business community with open spaces and other common facilities for the benefit of the said community; and in order to carry out a general plan of development for the benefit of each and every Owner of a Lot in said Property, the following restrictions, covenants, conditions, easements, charges and liens upon all Lots in said Property and, to the extent expressly set forth below in this Declaration, are hereby established; and all of the Lots in the Property and, to the extent expressly set forth below in this Declaration, the Property is held and shall be conveyed subject to the reservations, restrictions, covenants, conditions, easements, charges and liens hereinafter set forth. All of the reservations, restrictions, covenants, conditions, easements, charges and liens herein set forth and established shall run with the land described as the Property. SECTION ONE: DEFINITIONS The following words (which are not inclusive of every defined term in this Declaration), when used in this Declaration or any Supplemental Declaration (unless otherwise indicated) shall have the following meanings: A. "Association" shall mean and refer to shall mean and refer to Grapevine Station North Property Owners Association, Inc., a Texas non-profit corporation, its successors and assigns, the members ofwhich shall all be Owners, as provided in this Declaration and the Bylaws of the Association. B. "Common Areas" shall mean and refer to all of those certain Common Access, Utility and Drainage Easements affecting the Property and the adjoining property affected by such easements (collectively, the "Easement") dedicated by and shown on the recorded plat of the Property to be filed of record in the Plat Records of Tarrant County, Texas, which Easement is intended to be devoted to the common use and enjoyment of the Owners. The Common Areas include, but are not limited to, all drainage features, rights -of -way and parkways, walkways, driveways, parking areas, lighting of such driveways and parking areas, and landscaping in, on and under the Easement. The Common Areas shall also include all other areas of the Property, fixtures and improvements installed, maintained or dedicated for the mutual use and/or mutual benefit of all of the Lots and/or Owners, to the extent made available by the Declarant and Owners, including but not limited to the sidewalks, parking areas, access roads and drives, driveways, landscaped areas, truck service ways, open and enclosed pedestrian walkways, and common utility lines located in the Easement or other easements and rights -of -way on or to the Property and all brash dumpsters or sanitary containers and enclosures intended for the common use of the Owners. eECLAAATIor Of aESTR[CT of. COVENANTS AND CONDITIONS OF CraipEVINE STATION NORTH PAGE 9 Page 6 of 40 sidewalks, driveways, driving aisles and curbs, so that the surfaces are level, smooth and evenly covered with the type of surfacing material originally installed, or a substitute material that is equal in quality, appearance and durability, as approved by the Declarant (such items (i) through (vi), inclusive, being collectively referred to herein as the "Required Condition"). If the affected Lot Owner has not commenced reasonable efforts to bring the affected Lot into the Required Condition within twenty (20) days after written notice of such noncompliance, or if the affected Lot Owner fails to diligently prosecute such efforts to completion without cessation of more that two (2) business days for any single interruption or an aggregate total of four (4) business days for all interruptions except as prevented by Acts of God, then the Declarant shall have the authority to bring the affected portion of the Property into the Required Condition. The maintenance assessment together with such interest thereon, costs of collection thereof and reasonable attorneys' fees for maintenance assessment collection, shall be a charge on the land and shall be a continuing lien upon each portion of the Property against which each maintenance assessment is made. Each such maintenance assessment, together with such interest thereon, costs of collection thereof and reasonable attorneys' fees for maintenance assessment collection, shall be the continuing personal obligation of the person who was/is the Owner of such portion of the Property at the time when the maintenance assessment occurred. J. Each Owner of a Lot within the Property shall install and construct or cause to be installed or constructed by contract or otherwise, all parking areas, sidewalks, driveways, driving isles and curbs and all drainage and site grading appurtenant thereto in accordance with the Site Plan and the building requirements of the City of Grapevine prior to occupancy of the Unit or thirty (30) days after completion of construction of the Unit, which ever occurs first, in accordance with the provisions and requirements of this Declaration. K. All lease agreements with occupants of the Units shall contain a provision that such occupants are subject to and bound by the terms of this Declaration, as it applies to such occupant's use and occupancy of such Unit. However, this will not relieve the Owner of his/its/her other obligations, covenants and duties under this Declaration. L. Each Owner shall, at his/her/its sole expense, repair, restore or rebuild any Unit, side walk, drainage facility, driveway or parking surface, or other improvement on its respective Lot or in the Easement or other Common Areas that are damaged or destroyed by such Owner or his/her/its employees, tenants, invitees, agents or representatives, whether or not the damage or destruction is covered by insurance, except to the extent otherwise expressly provided in this Declaration; provided, however, at the option of the Owner, any Unit that is damaged or destroyed may be removed completely if the Unit site is either paved in the same design and materials of the Easement or landscaped in the manner required by the ordinances of Grapevine and this Declaration. M. The Declarant hereby and herewith reserves for itself, the Association and all Owners (for the use of themselves and their respective successors in Lot or Property ownership), agents, representatives, owners, tenants, licensees and invitees, a nonexclusive, perpetual easement for pedestrian and motor vehicle ingress, egress and parking (occasional business invitees only) on, over and across all driveway entrances, sidewalks, drives, paving, fire lanes and parking areas now or hereafter situated in, on, over, across and upon the Easement. The Declarant hereby and herewith reserves for itself and the Association for the use of themselves and their respective successors, agents, representatives, owners, and contractors, a nonexclusive, perpetual easement for the ingress,