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HomeMy WebLinkAboutItem 01 - Z12-07, CU12-27, PD12-05 Scribner Street Storage P��mil, .2, 3 y- TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER bK SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: AUGUST 21, 2012 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE REQUEST Z12-07 CONDITIONAL USE APPLICATION CU12-27, AND PLANNED DEVELOPMENT OVERLAY PD12-05 SCRIBNER STREET STORAGE ri I I i r Grapevine y�, APPLICANT: Blake Architects --Skip Blake I Lake I DoV a Rd, I I rte— I I PROPERTY LOCATION AND SIZE: N es ` r d V�LE y yr� The subject property is located at 401 & 427 North Scribner Street and is proposed to be platted as Lot sy oFlnr � r 1-R, Block 1, The Storehouse. The addition contains Hall-Johnson Airport a 3.44 acres and has approximately 315 feet of L frontage along North Scribner Street. Ll _ r Glade Rd. m I � c O REQUESTED ZONE CHANGE, CONDITIONAL USE AND PLANNED DEVELOPMENT OVERLAY AND COMMENTS: The applicant is requesting to rezone 3.44 acres from "R-MF-1" Multifamily District and"R- MF-2" Multifamily District to "CC" Community Commercial District for the existing public storage warehouse_ and proposed boat and R.V. storage. The applicant is seeking a conditional use permit to allow for the existin ublic storage garages and the addition of boat and R.V. storage. An additional request is for a planned development overlay to include, but not be limited to, deviation from minimum district size, open space front rear, side yard setback, interior and front yard landscaping, perimeter landscaping, building separation and masonry requirements. This request was initially scheduled for the July 17, 2012 public hearing but was tabled at the applicant's request. The applicant proposes expansion of an existing 35,490 square 0:%ZCUICUI2-271PD12-0W12-07.4 August 16,2012(3:13PM) foot, seven structure min-warehouse facility by including an additional 76,622 square feet to be used as outside boat IR.V. storage. Parking required for the existing and proposed use is 12 parking spaces. Two required parking spaces are provided at the main entrance adjacent to a relocated on-site office and the remainder of the required parking is typically provided adjacent to the individual storage units on a short term basis. There are 94 boat/R.V. spaces proposed. The main access to the subject site will be controlled through a customer key pad adjacent to the relocated office. Existing customer access gates will become exit only gates. The planned development overlay is also necessary for the applicant to develop the site as intended relative to the following areas primarily associated with the existing mini-storage warehouse use: Density requirements relative to District size for the proposed zone change request: the ordinance requires a minimum of five acres; the applicant proposes 3.44 acres • Density requirements relative to minimum open space: ordinance requires not less than 20% of the total lot area; applicant proposes 10% due to the existing and proposed paving • Area requirements relative to distance between buildings: ordinance requires the minimum distance between buildings on the same lot to be 40 feet; the applicant proposes a minimum of 21 feet due to the existing building separations • Area requirements relative to minimum rear yard setback: ordinance requires a rear yard setback of 25 feet; the applicant proposes a rear yard setback of six feet for an existing building • Area requirements relative to minimum side yard setback: ordinance requires a 20- foot side yard setback; the applicant proposes zero setback on the south property line for an existing building • Area requirements relative to minimum front yard setback: ordinance requires a front yard setback of 25 feet; the applicant proposes from eight to nine feet due to the existing buildings within the required setback • Area requirements relative to front yard to be used as a landscape setback area: ordinance requires no paving in the front yard; the applicant proposes paving within the front yard up to the property line adjacent to Scribner Street due to existing pavement • Area requirements relative to front yard to be used as a landscape setback area: ordinance requires no paving in the front yard; the applicant proposes two parking spaces within the paved area adjacent to Scribner Street due to existing pavement • Perimeter landscaping requirements relative to gross parking area requirement: ordinance requires 10% of gross parking areas to have living landscape, and planter islands no further apart than every 12 parking spaces; the applicant proposes continuous vehicle storage • Interior landscaping requirements relative to vehicle use areas: ordinance requires a perimeter landscape area of at least 10-feet between the edge of the parking area and the adjacent property line; to the north the applicant proposes between five and 0:2=Wl2-271PD12-05&Z12-07.4 2 August 16,2012(3:13PM) 15-feet due to the proposed angled parking • Masonry requirements relative to exterior building materials: ordinance requires at least 70% masonry of the total exterior walls; the applicant proposes 0% for the existing metal storage buildings or 10% including the 100% exterior of the caretaker quarters Please see the applicant's attached chart. PRESENT ZONING AND USE: The property is currently zoned "R-MF-1" Multifamily District and "R-MF-2" Multifamily District. A portion of the site is developed with an existing mini-storage facility built in 1982, while the remainder of the site, primarily the northern portion of the site is undeveloped. HISTORY OF TRACT AND SURROUNDING AREA: The subject site and the property to the north and south were zoned "R-1" Single Family District prior to the 1984 City Rezoning. On June 15, 1999 the property to the west was rezoned from "HC" Highway Commercial District, "R-MF-1" and "R-MF-2" Multifamily Districts to "GU" Governmental Use District for the development of a public school, and platted as Lot 1, Block 1, Education Addition No. 3, (Z99-09, Ord. No. 99-87). The land located to the northeast of the subject site had been developed with single family residences prior to the 1980's. In the 1984 City Rezoning,the land was rezoned from"R-1" Single Family District to"R-MF-1", Multifamily District. The land located directly east of the subject site had been developed with a single-family residence prior to 1968. The site was rezoned from "R-1", Single-Family District to "R-MF-1" Multifamily Residential District and "HC", Highway Commercial District in the 1984 City Rezoning. On October 5, 1999, the site was rezoned to"R-5.0"Zero-Lot-Line District(Z99-17, Ord. 99-146). At the September 19, 2006 meeting Council approved zone change request Z11-06 (Ord. 2006-62) on the northern portion of the subject site to rezone approximately 1.2 acres from "R-MF-1" Multifamily District to "R-MF-2" " Multifamily District for a 24 unit residential concept which never developed. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-MH" Manufactured Home — manufactured home community SOUTH: "GU", Governmental Use District— Grapevine Middle School EAST: "R-5.0"Zero-Lot-Line District—Banyan Place Addition single family homes WEST: "GU", Governmental Use District— Grapevine Middle School 0:1ZCUICU12-27IPD12-05&Z12-07.4 3 August 16,2012(3:13PM) AIRPORT IMPACT: The subject tract is not located within any "Zone" as defined on the "Aircraft Sound Exposure: Dallas/Fork Worth Regional Airport Environs" map. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Residential High Density land use. The applicant's request is not in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan does not designate North Scribner Street as a local thoroughfare. /at WZCUICUI2-27IPb12-05&Z12-07.4 4 August 16,2012(3:13PM) .,- DA Y ' . PRIVATE OF — -- TR 5K2 TR 5H2 TR 5.12 TR 5K R-MF-2 GU F�-MH TR 11 TR 51 PEA PEAC T TR 4F g 7 TR SA 10 B _ . . . . . . . . . . . . . . . . . . . . . . . . Qi . .T d1- . . . . . . . : : . . _ . . . . . . . . . . - . . 5. .... . . . : 8 9 10 11 12 - - . . . . : ® � 3 3 2 2 1 1 U PARK ID 1 1 N 1 TR 9A 18 17 1 15 14 1 "-3 1p rte, * w � �,u4 � ��,�r ► ■�j�w`► Wes" M���',rrdo i tk8 11 -HC- to 6A I A Z12-071 CU12-27, PD12-05 1 inch =200 feet Scribner Street Storage CITY OF GRAPEVINE ZONE CHANGE APPLICATION 1. Applicant/Agent Name Company Name •� � Address I?-oo 2.. 9 - �4 � 17y� .�-� P�L � �j� . �C • City 5 UT4LAV,f, State Zip '07 G 012-, Phone # S11 d+11% "4 9 3 ? Fax# �� ~ ZS Email #% Mobile # 2. Applicant's interest in subject property rQ10Z AG-r A Pe- (i I TJE4r 3. Propertyowner(s) name KLIV*4 ToAkW r F.0 i&0 Address 1556 TIFF-A04%] Fd ILE S City GWO 0W 0, State .TFxbl Phone # W1 4&20—Q115 Fax# 4. Address of subject property pl+LQ7W - 5C0r-t b W RA Legal Description: Lot I Block :1 Addition ONE E STADRACO E Size of subject property 3" +df' acres *dl I 15 square foot Metes & Bounds must be described on 8 '/ " x 11" sheet 5. Present Zoning Classification H F I RH " 24 6. Present Use of Property 5 rd� 7. Requested Zoning District_ C6 H M O N Ir f 8. The applicant understands the master plan designation and the most restrictive zone that would allow the proposed use is O:'ZCUIFormslAPP.ZNCP.doc 3/28/2012 2 9. Minimum/Maximum Districi size fop requested zoning 10. Describe the proposed use i }r%N? W?- f A • :� uAIW4j 11. The Concept Plan submission shall meet the requirements of Section 45, Contents of a Concept Plan, Section 45.C. Ali Zone Change Requests 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 concept plan approved with a zone change request can only be approved by city council through the public hearing process. I have read and understand all of the requirements as set forth by the application for zone change request and acknowledge that all requirements of this application have been met at the time of submittal. Signature to authorize a zone change request and place a zone change request sign on the subject property. Applicant (print): �Ca Fg+ cf;Jej . LIL P/W9 Applicant signature: Property Owner(print): p Property Owner signature: -721 A III IIN..:a wu 0:1ZCt11FomnS APP.ZNCP.doc 3/28/2012 3 The State of County of "-,-NA<'S9S>,<c Wore me _ __ � on this day personally appeared � - %� known to me (or proved to me on the oath of or through t (description of identity 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. Given under my hand and seal of office this �1 day of �. e._ , SEAS. Notary Signature sue.or,a . C .�.oi•2a•�4s OF ..�..�wwwwwwwwwwwwwww�+www., The State of County of Before me e �. . -.�-I:x on this day personally appeared known to me (or proved to me on the oath of or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the r same for the purposes and consideration therein expressed. Given under my hand and seal of office this _ �, _day of A.D. . `~1 SEAL R�b�oco t. pholc Notary Signature tie.ryp,Ot-i8•!4 u, O:IZCUIFormslAPP_ZNCP.dx IJ, ' 3/2812012 4 CITY OF GRAPEVINE ZONE CHANGE APPLICATION 1. ApplicantlAgent Name 4541 ? r-3 i.A9.0 Company Name 01-04%9A AgX-6 f '`GtT5 Address 1 ..a 2- S . 44 t4 lT City State yrix +5 Zip —jro o17... Phone# 7 " I � ! Fax# Email ( 44IMobile# 2. Applicant's interest in subject property r1za:3 rG'r •� ( t'�`1=�.�'". 3. Property owner(s) name `� y y 15CAV--tbv-) . *:Z1 A i LLL Address lCt (Qallob.)to ,,1=6Z OAMM iu S /J 1,J City State AJM Zip S) (67 _ Phone# 56 --q1 ?j _Fay# 4. Address of subject property W . 5 CI'I b N ap. s ra.Fur Legal Description: Lot I Block 1 Addition Ti l S1.40RACO R Size of subject property �• �" acres square foot Metes& Bounds must be described on 8 YZ"x 11"sheet 5. Present Zoning classification P.H rM -41. 1 F-H r—- 2" 6, Present Use of Property e0'roRA4W F- � VACAN7— 7. Requested Zoning District GG H M V N lr CCU f`"1 M JEW 8. The applicant understands the master plan designation and the most restrictive zone that would allow the proposed use is O:IZCLRFarms%APP.ZNCP.doc 3128!2012 2 9. Minimum/Maximum District size for requested zoning 10. Describe the proposed use FAV ILP '5'TbPA6Z 9 FALMg rm�a V, sr-owdi-al"Yte YJA WUA I N42 11. The Concept Plan submission shall meet the requirements of Section 45, Contents of a Concept Plan, Section 45.C. All Zone Change Requests are assumed to be complete when riled 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 AO 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 concept plan approved with a zone change request can only be approved by city council through the public hearing process. I have read and understand all of the requirements as set forth by the application for zone change request and acknowledge that all requirements of this application have been met at the time of submittal. 1 . Signature to authorize a zone change request and place a zone change request sign on the subject property. Applicant(print): r'� if L " Applicant signature: Property Owner(print): eu Y Property Owner signature: ! 0.%ZGLAForrns%APP2NCP.doc 3/28/2472 3 The State of County of Before me on this day personally appeared known to me (or proved to me on the oath of or through (description of identity 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. Given under my hand and seal of office this day of , A.D. SEAL Notary Signature The State of Uew -4,�eY;nr)_ County of x1,it" Before me ri. n on this day personally appeared known tome (or proved Lo-me on the oath of or through (description of identity 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. Given under my hand and seal of office this day of A.D. IL-3 , SEAL Notary Signature OFFICIAL SEAL Fi� rine Ume o:1Ci llFarmslAPP ZIVCP.doa ry Public 3/2812012S of Hew M is ��umm.Expires 4 GRA T A 8 CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 9.APPLICANT INFORMATION Name of applicant/agen"CompaFyftntact 5V1 15L-J.V.P. I 15L.A14F. Age-H1Ter.TS Street address of applicant/age t• City/State/Zip Coda of applicant/agent: SabTi4kA96 TE-XAV 1400l-L Telephone number of aWken /agent: Fax number of applican nt 81.1 - 9 9z- -7 5I1 - z5 - 3 15 Email address of apphcont/agent Mobile phone number of applicant/agent Applicants interest in subject property: , lzcoHI r9 b P9-d.7 24cr PART 2. PROPERTY INFORMATION Street address of subject property W. SG9.15NF-lP, SJ',ZJEF-T Legal description of subject property(metes&bounds must be described on 81/2"x i 1"sheet) Lot I. Addition kt r- 57z*ACa r, &,b P4 T"I6 J4 Size of subject property 3• Arxes S re foot present zoning da cation: Praposad use of the property- Minimum/maximum clstr&size for contfitlonal use request: Zoning ordinance provisfon requiring a condttonaf use PART 3. PROPERTY OWNER INFORMATION Name of current property owner. 5-cAe •� Street address property owner. ISJ `` �� 1 LQ [ srVl iV k L City/State/Zip Cade of pr++op�erty owner. /� • r� L f Telephone�n`u�mr�ber�of property owner.�7 [ Fax number of property owner. ❑ Submit a letter describing the proposed conditional use and note the request on the site plan document ❑ In the some 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 Mar,describe whether the proposed conditional use wilt,or will not cause substantial harm to the value,use,or err joyment 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"S')_ ❑ The site plan submission shell meet therequirements of Section 47,Site Plan Requkernents. ❑ All corkiUanal use and conditional use applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the 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 maybe continued to the next public hearing. Public hearings will not be tabled. • Any changes to a site plan(w 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. ❑ l have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowled a that all requirements of this getalm 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 Print Applicant's Name: Applicant's Signature: The State of County Of Before Me on this day pe mmffy appeared (notary) (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 consideratkw therein expressed. (Seal)Given under my hand and seat of office this day of ,A.D. Notary In And For State Of Texas L t3 rs v2'L` I Print Properly oiners Name: Property s Signature: The state Of 1�)zu_3 -lf�_+ty County Of%eXnA1,1VG Before I&_ 'ry-7 a.t � L—WC - on this day personally appeared (notary) (property owner) known to me(or proved to me on the oath of card or other docurrmeno to be the person whose name ft subscribed to the foregoing Instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal)Gfwen Under my hand and seal of of oo this t!- day of E)UnQ A.O. '2 U a– . OFFICIAL SEAL –'••".fry Notary In And For State Of Texas �flfsi Lane Nobq Public r bud I-0 "'."° My Comm.Expires Z C Submit a fetter describing the proposed conditional use and note the request on the site plan document ❑ In the same letter,describe or show on the site plan,and conditional requirements or conditions imposed upon the particular conditional use by applicable district regulations(example:butler yards,distance between users} ❑ In the same letter,describe whether the proposed conditional use will,or writ 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. O Application of site plan approval(Section 47,see attached Form-B' . 0 The site Man SubmMlon shall meet the Marements of Section 47,Site Plan Raqwroments. ❑ All conditional use and condibonal 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 apprwation may be scheduled to a later date• ❑ Aff public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to Me next public hearing. Public hearings WO not be tabled. ❑ Any changes to a site plan(no matter how minor or major)approved with a conditional use or conditional use permit can only be approved by city council through the public hearing process. ❑ I have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and ackno that all nnammyft 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 v codl(:�Y.1 t',�.. l•L Print Applicant's Name: Applicant's S" The State of County Of Before Me � C ..� .�6 i K Z �r: on this day personally appeared (nosy) (apppl t) - known to me (or proved to me on the oath of card or other document)to be the person whose name rs subscribed to the foregoing Instrument and acknowledged to no that he executed the same for the purposes and consideration therm a ressed (Seal)Given under my hand and seal of ofto this day of J k-**2e, A.D.DL Q�, L.F�ek Notary In And For State Of Texas fto"Or Tam Corm.Ea.GL28-14 Print Property Owners Name. stpudw p. The State Of - YES Bounty Of Before iota �E–'V�C' � 4 � -� 1—S are this day personally appeared (»off) (pnVedy owner) known to nine (or proved to me on the oath of card a other document) to be the person whose name Is subscribed to the foregoing instrument and acknowledged to me that he executed the serne for the purposes and conskWakm therein e*ressed. (Seal}Given under my hand and seal of ofte this � day of=���C� Ap Z �' V -C:. s �Y rs ry d F I I axes OF Canes.Ertp.01-2t-14� 57,4#tach a fine!plat or replat,of the approved subdivision by city council shaving property boundary lines,dimensions,easements, _ roadways,rail lines,and public rights-of way crossing and adjacent to the tract(1 blueline copy) ❑ If a master development plan is required,attach a statement showing the proposed use substantially conforms to the master develbpment plan. ❑ 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_ 0 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 2a be approved by council throuO the public hearing PART 4. SIGNATURE TO AUTHORIZE FILING OF A FINAL SITE PLAN Rd U�PV41!N �t � Print App><cants Name:- Applicanr's S . The State Of County Of � t�cc Before Me<���JC$ •�\-CJkZ-S?— on this day personally appeared�K_---a c�a ,V� � -47 (notary) k (applkan -� 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 acknowk;dged to nee that he exewft d the same for thetpurposes and consideration therein expressed. (Seal)Given under my hand and seal of of1ioce this day of. Z-> N+ .A_p,Pj . CCQ Ma3ary Elie. seam of TNM Notary!n And Far State Of Texas Ceara. 41.E-i,4 paint Property owners Name: Pnmperty 0"*-sWguawre - The State Of L { County Of Before Me E-�' =c c �_ �=.�C Z._@�[._ on this day W=1811y appeared_ (notary) (property owner) known to me (or Proved to me on the oath of card or other document)to be the person whose name is subsCdWd to Hie foregoing instrument and admWedged to me that he executed the same for the purposes and consideration uwain expr+essed. r-i _ (Sea!)Given under my hand and seal of dfiba thus \ day of •`� `� _ AD. ' � Sitaq olTivas Notary!n And For Stye Of Texas ACIi { OG 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 flour 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 ail.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 r r Date: C-14. Signature of Owner j� r Date: � � ACKNOWLEDGEMENT i 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 shaft 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 Date: ��q' Z► 7. Signature of Owner i4 Q— Date: VINE a: A S CITY OF GRAPEVINE PLANNED DEVELOPMENT OVERLAY APPLICATION PART I. APPLICANT INFORMATION Name of applicant/agent:/compan /contact 5 I I' fit-. f� Lb K� A.rza�-� I r �T`l Street address of applicant/agent: I Z iP 7, 5 . W 41T E WiAtf r.L City/State/Zip Code of applicant/agent: Telephone number of ap licant/agent. Fax number of applicant/agent: $I'7- -$a -. 193911 5 Email address of applicant/agent Mobile phone number of applicant/agent Applicant's interest in subject property.- A%PC I Trb 6T a P PlAo USG.Tr' PART 2. PROPERTY INFORMATION Street address SCE. Ilb NraX sT XFAr Legal desciiip�tion of subject property(metes&bounds must�bse�described on 8 1/2'x 11°sheet)/_ f ' Lot 1 Block Addition 1 A 610 XA*6 1 � p 0 1 TI OIj Size of subject property 7� Q.� C, r s� Acres I ! �/-7 Square footage Present zoning c! sifrcation: Proposed use of the property. Minimum/maximum district size for request: � A4CFL A Zoning ordinance provision requesting deviation from: 5 PART 3. PROPERTY OWNER INFORMATION Name of current property owner: Street address of property owner: City/State/Zip Code of property owner.' Telephone number of propert owner.• Fax number of property owner, $I S " co9�5 rr ` , 0:7CUIFarmslapp.pd.doc 2 7/2 112 01 1 ❑ Subt.a t a letter describing the proposed Planned I evelopm9nt and note the request on the site plan document. ❑ Describe any special requirements or conditions that require deviation of the zoning district regulations. i Describe whether the proposed overlay will, or will not cause substantial hann to the rralue, use or enjoyment of other property in the neighborhood. IE ❑ Describe how the proposed planned development will add to the value, use or enjoyment of other property in the neighborhood. O The site Plan submission shall meet the requirements of Section 47, Site Plan Requffaments. ❑ All planned development overlay applications are assumed to be complete when riled and will be placed on the agenda for public hearing at the discretion of the staff_ Based on the size of the agenda,your application maybe scheduled to a later date. ❑ All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings 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 planned development overlay can only be approved by city council through the public hearing process. ❑ I have read and understand all the requirements as set forth by the application for planned development overlay and acknowledge that all requirernents of this application have been met at the time of submittal. PART 4.SIGNATURE TO AUTHORIZE PLANNED DEVELOPMENT OVERLAY REQUEST AND PLACE A PLANNED DEVELOPMENT OVERLAY REQUEST SIGN ON THE SUBJECT PROPERTY Print AppJfcanrs Name. Applicanrs gnature. The State Of County Of Before Me �'.�>✓C:�,`. a Z �. on fhis day personally appeared 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 acknowkOXd to me[hat he executed the same for the purposes and consklerehon therein expressed. (Seat)Given under my hand and seal of offloe this��day of �S A.D. �Tew��Notary NubNe, ,State°f Texas Notary In And For State Of °F- Caam.f 01-2&f 4 Print Owners lei ame. Property AwOes ftnature. The State Of County of Before Me �. .rlc . . to ry) on this day personalty appeared �`:._�e_ -�� (nota (property owner) known to me(or proved lo me on the oath of card or other document} to be the perm whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal Given under my hand and seal of office this \ day of L� �— -A.D. y` i `for ftbef�Ca L Stag of 1�as ��°F Como.Exp.d 1.28-14 Notary In And Fur State Of eras N 0.,%ZCWormslapp.pd_doc 7/21/2091 3 Y VI*�T s CITY OF GRAPEVINE PLANNED DEVELOPMENT OVERLAY APPLICATION PART 9.APPLICANT INFORMATION Name of applicant/agenC/oompen /Contact 5V Jr � L1r, C� �►rzc 1 j"�cT'v Street address aapplicant/agent ISPI& a I�lWTS C-14AvFrL SM. A City/State/Zip Code of applicant/agent. 1$011�MA14P- IrFWAI 07 (0019.L Telephone number of licant/agent: Fax number of applicant/agent 431?- *192P g2P .. '°!39` &11 - 25 ( - Ems#address of applicant/agent Mobile phone number of applicant/agent Applicants interest in subject property. .A.wGw T'&6T a F PrAa SzGr PART 2. PROPERTY INFORMATION Street address of subject property W t SCA t S PIX evT RLILAr Legal description of subject property{metes&bounds must bbee+described on`81122'x 11'sheet)/ Lot ,. , Stock Addition 1 +� 1 Ir'���7 A P p t`Tf eW Size of subject property fo 5•/1 + Acres 11 J Square o e Present zoning clq&,;ffca1jbn: _ Minimum/maximum disOct size for request: Zoning ordinance pmvkd� reque&fng deviation fmnr: PART 3.PROPERTY OWNER INFORMATION Name of current property owner. .0 LL Street address of props owner. ,P City/Stat /ZV Code of property owner. Telephone nurnbel of property owner. Fax number of properly owner.• -3 O:%ZCAFomtsiapp.pd.doc Z 7/2912Q1 F Aft Plenned Developmenf Overlay Applications are assun ed' to be tx plete 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 planned development overlay 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 farMure of all filing fees. The application, along with the required filing fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four month period. 1 have read and understand all of the requirements as set forth by the application for planned development overlay and acknowledge that all requirements of this application have been met at the time of submittal. Signature of Applicant Date: eol �Z, A Signature of Owner OF Date: O:1ZCU1Formslapp.pd.doc 4 ACKNokiILEDGEMEm' Ali Planned Development Overlay Applications are assumed to be complete when riled 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 planned development overlay 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 flee 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 planned development overlay and acknowledge that all requirements of this application have been met at the time of submittal. Signature of Applicant Date: �l r Signature of Owner LC_� Date: L - 0.VCU1Framslapxr.pd.doc 4 7!2112011 METES AND BOUNDS DESCPJF'TION 3.44 ACRES IN THE T.MA HAN SURVEY,A-1 050 CITY OF GRAPEVINE,TARRANT COUNTY,TEXAS All that certain 3.44 acres of land,which is Lot 1,Block 1,The Storehouse Addition,Volume 388-153,Page 89 in the Plat Records of Tarrant County, Texas, and the 1.759 acre tract described in the deed to Joseph M. Barnard, recorded in Document Number D206322106 in the Deed Records of Tarrant County, Texas, in the T. Mahan Survey, A-1050, City of Grapevine, Tarrant County, Texas and more particularly described by metes and bounds as follows: BEGGINNING at the southeast corner of said Lot 1, Block 1, The Storehouse Addition, in the west right-of- way line of North Scribner Street; THENCE West-375.00'to the southwest corner of said Lot 1,Block 1,The Storehouse Addition; THENCE North- 195.00'to the northwest corner of said Lot 1,Block 1, The Storehouse Addition, common to an angle corner in the south line of said 1.759 acre tract; THENCE North 890 47 48" West-211.34'to the southwest comer of said 1.759 acre tract; THENCE North 000 25'02" East- 142.97'to the northwest corner of said 1.759 acre tract; THENCE South 890 03'56"East-302.83'to the most northerly northeast corner of said 1.759 acre tract; THENCE South 000 00'55"East- 18.78'to an angle corner of said 1.759 acre tract; THENCE East - 282.30' to the most easterly northeast corner of said 1.759 acre tract, in the west right-of-way line of said North Scribner Street; THENCE South - 315.00' along the west right-of-way line of said North Scribner Street, to the POINT OF BEGINNING and containing 3.44 acres of land land. This Metes and Bounds Description is for the purpose of attachment to planning and zoning documents. It should not be used for title transfer. w July 10, 2012 City of Grapevine Planning and Zoning P.O. Box 95104 Not a property owner Grapevine, TX 76099 or business owner with RE: Maintaining the MF2 Zoning at 427 N. Scribner the City of Grapevine To Whom It May Concern: I am opposed to rezoning of the property located at 427 N. Scribner. I am a licensed General Contractor and I estimate that approximately twenty-four(24)townhomes can be built on the 1.75 acres. I believe it is in the best interest of the citizens of Grapevine for this property to maintain its current zoning of M172. A contract has already been executed and will become binding if the zoning remains MF2. See attached contract. I have already obtained financing for the property and will move to begin the project immediately. See attached copy of Commitment Letter from First National Bank. These townhomes will have the following benefits: Increase the property tax base. Increase the property value of the single-family homes in the subdivision located at N. Scribner and Banyan Dr. • Provide safe and secure residential living located that is walking distance to Grapevine Middle School. I am asking the City of Grapevine to maintain the MF2 zoning for the property located at 427 N. Scribner. Sincerely, Cheryl D. Warner President and CEO Attachments: Resume for Cheryl D. Warner 2) Contractor's License 3) Contractor's Certificate of Liability Insurance 4) Commitment Letter from First National Bank, Southlake TX 5) Real Estate Contract(Binding if zoning for 427 N. Scribner remains MF2) , ,,,r '» Louise Johnson<louise.kewish@me.com>7/17/2012 4:38 PM »: I was unable to get the actual paperwork sent to me as I have been out of the country since May 30th but II wish to object to this planning proposal on the grounds that my property is currently not overlooked, I bought it for that reason,and I wish for it to remain that way. It would certainly impact the value of my property and therefore the potential selling price should this proposal go ahead. I have small children and value the fact that my back garden and West facing bedroom windows cannot currently be seen into from the road or the current Storage facility. This would change and be unacceptable to me under these planning change proposals. Regards Louise Johnson Sole owner at 460 Caviness Drive, Grapevine TX 76051 U I Pc� i � �° s fileWCADocuments and Set ingslsbattelLocal Settings lTemplXPgrpwise15005954AGRPV... 7/17/2012 I P-2 R S T Ft.,E E911 S1 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO, LATER THAN 5 Pfvf ON ki-OlVDA Y JULY 16, 2012 Procedure to Respond: As (a Propert Owner within 200 feet of the subject tract) or (an interested citizen), I (approv protest d/or (have the following comments) .4 Aml ,2-le�A A/&K AV- d4i2 C7 aix &;MOt M4Xn&--- J-V�lz OVA" C&-V'eAZ�Ue Current Property Owner(printed) layv Mmv�klw, Property Address:A.6& �Iavl Lot Block a Z,Adgdit1io Property Owner Signatu Property Owner Name(printed): Daytime phone number: OE6 Telephone: (817)410-3155 Fax: (817)410-3018 Direct questions and mail responses to: Planning Technician Department of Development Services City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 -ZTORAGE WRiTTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PIV. ON MONDAY, JULY—i 6 2012 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) JT* Well /,-4- -3t 1-4 Ae 4ZqrC <Qb--J4 Ldes vier If Y04ir ie- 1,4 u I qtw a9MA -3 W5c:3 QOG �4 NWA Current Property Owner(printed} )t5 V Lot Block Additi on ad aca az -+W- 1J h Mf4- k�*� Property Owner Signature: 6Q L4C&— Property Owner Name(printed): flL Daytime phone number. Telephone: (817)410-3155 Fax: (817)410-3018 Direct questions and mail responses to: Planning Technician Department of Development Services City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z12-07 ON ATRACT OF LAND OUT OF T. MAHAN SURVEY, ABSTRACT NO. 1050, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-MF-1" MULTIFAMILY DISTRICT REGULATIONS AND "R-MF-2" MULTIFAMILY DISTRICT REGULATIONS TO "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinances of the City of Grapevine, Texas and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas after all legal notices, requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council did consider the following factors in making a determination as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust, effect on the promotion of health and the general welfare, effect on light and air, the effect on the transportation, water sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council of the City of Grapevine, Texas did consider the following factors in making a determination as to whether this requested change should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, the effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, the City Council further considered among otherthings the character of the district and its peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this city; and WHEREAS, the City Council of the City of Grapevine, Texas does find that there is a public necessity for the zoning change, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and does find that the change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the overcrowding of land; avoids undue concentration of population;facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas has determined that there is a necessity and need forthis change in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified; and, therefore, feels that a change in zoning classification forthe particular piece of property is needed, is called for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas and helps promote the general health, safety, and welfare of this community. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL.OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine,Texas same being also known ORD. NO. 2 as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z12-07 to rezone the following described property to-wit: being a 3.44 acre tract of land out of the T. Mahan Survey, Abstract No. 1050, Tarrant County, Texas (401 and 427 North Scribner Street) more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-MF-1"Multifamily District Regulations and "R-MF-2" Multifamily District Regulations is hereby changed to "CC"Community Commercial District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Section 2. That the City Manager is hereby directed to correct the official zoning map of the City of Grapevine, Texas to reflect the herein change in zoning. Section 3. That in all other respects, the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinances and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future,to lessen congestion in the streets;to secure safety from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation,water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions forthe normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. ORD. NO. 3 Section 8. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st day of August, 2012. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4 ORDINANCE NO. AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU12-27 FOR PUBLIC STORAGE GARAGES IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONSALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a conditional use permit by making applications for same with the Planning &Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent property from flood or water damages, noise producing elements, and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting, and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine,Texas,did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS,the City Council further considered among otherthings the 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: ORD. NO. 2 Section 1. That the City does hereby issue a conditional use permit in accordance with Section 48 of Ordinance No. 82-73,the Comprehensive Zoning Ordinance of the City of Grapevine,Texas, same being also known as Appendix"D"of the City Code, by granting Conditional Use Permit CU12-27 to allow a public storage garage/mini- warehouse facility with boat and R.V. storage (Scribner Street Storage) in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 1-R, Block 1, The Storehouse Addition (401 and 427 North Scribner 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 safety from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation,water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions forthe normal business, commercial needs and development of the community. They have been made with reasonable consideration, among otherthings, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Grapevine,Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. ORD. NO. 3 Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars($2,000.00)and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section S. 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 21st day of August, 2012. APPROVED: ATTEST APPROVED AS TO FORM: ORD. NO. 4 ORDINANCE NO. � m AN ORDINANCE ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE; TEXAS, SAME BEING ALSO KNOWN AS APPENDIX"D"OF THE CITY CODE, BY GRANTING PLANNED DEVELOPMENT OVERLAY PD12-05 TO INCLUDE BUT NOT BE LIMITED TO DEVIATION FROM THE DISTRICT SIZE, OPEN SPACE, BUILDING SEPARATION, FRONT, REAR, SIDE YARD SETBACKS, LANDSCAPING AND MASONRY REQUIREMENTS, IN THE"CC"COMMUNITY COMMERCIAL DISTRICT REGULATIONS, ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS PLANNED DEVELOPMENT OVERLAY PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a planned development overlay by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been complied with,the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested planned development overlay should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent property from flood or water damages, noise producing elements,and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting, and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called 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 ORD. NO. 2 public at large,the citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City does hereby issue a planned development overlay in accordance with Section 41 of Ordinance No. 82-73,the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix"D"of the City Code, by granting Planned Development Overlay PD12-05 to include but not be limited to deviation from the following requirements: district size, open space, distance between buildings, front, rear, side yard setbacks, landscape setback area, interior and perimeter landscaping, and masonry requirements within the following described property: Lot 1-R, Block 1, The Storehouse Addition (401 and 427 North Scribner 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 forthe normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Grapevine,Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. ORD. NO. 3 Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00)and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. That the fact that the present ordinances and regulations of the City of Grapevine,Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21stday of August, 2012. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4