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MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: AUGUST 16, 2022
SUBJECT: CONDITIONAL USE REQUEST CU22-30,
H3 HEADQUARTERS (SECOND READING)
RECOMMENDATION:
Staff recommends the City Council approve Conditional Use Application CU22-30 on
the second reading of an ordinance, and take any other action necessary.
BACKGROUND:
Conditional Use Request CU22-30 was submitted by Barry Hudson of Dunaway
Associates, LLC and approved on the first reading of an ordinance by City Council at
the July 19, 2022 meeting. The request was to allow for a construction trade office with
storage yard.
The applicant’s intent is to redevelop the subject site by demolishing a former single-
family residence that operated as a construction trade office and constructing a new
5,460 square foot office on the same property. The applicant proposes to leave and
improve the appearance of an existing 5,057 square foot metal building located at the
northwest corner of the property. Site improvements include paved vehicle use areas,
designated screened refuse storage and outside storage areas. Access will be provided
by an existing concrete driveway on the north side of East Dallas Road. There are 26
parking spaces required and 27 parking spaces are provided. The site plan indicates
1,300 square feet of outside storage onsite to be fully screened from adjacent properties
and the public right-of-way.
The applicant sought approval of a special exception from the Board of Zoning
Adjustment relative to allowing the existing metal building to remain as developed within
the west side yard and north rear yard. The Board approved the special exception
request at their August 1, 2022 meeting.
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Agenda Memo 138252 1
PROPERTY DESCRIPTION
Taken from Recorded Plat, dated July 1983)
The following described tract or parcel of land situated in the Esther Moore Survey, A-1029, Tarrant
County, Texas and being a tract recorded on Page 58 of Volume 4128 and a tract recorded on Page 558
of Volume 4152 in the Tarrant County Deed Records and another tract conveyed to Michael G. Albano,
et ux, on May 27, 1952 and being more particularly described as follows;
BEGINNING at an iron rod in the North line of East Dallas Road and being the Southeast corner of Lot 60,
SUNSHINE HARBOR ADDITION, to the City of Grapevine, Tarranty County, Texas as recorded on Page 34
of Volume 388-23 in the Tarrant County Deed Records;
THENCE N 1° 37’ E along the East line of said SUNSHINE HARBOR ADDITION a distance of 174.53 feet to
a fence post;
THENCE S 89° 47’ 35” E along a fence a distance of 216.0 feet to an old iron rod;
THENCE S 1° 37’ 25” W a distance of 173.75 feet to an old iron rod;
THENCE West along the North line of said East Dallas Road a distance of 216.0 feet to the place of
beginning, containing 37,601 square feet or 0.863 acres of land.
ORDINANCE NO. 2022-047
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT
CU22-30 TO AMEND THE PREVIOUSLY APPROVED SITE
PLAN TO ALLOW A CONSTRUCTION TRADE OFFICE IN A
DISTRICT ZONED “LI” LIGHT INDUSTRIAL DISTRICT FOR
BLOCK 1, LOT 1, ESTHER MOORE ADDITION (1039 EAST
DALLAS ROAD) ALL IN ACCORDANCE WITH A SITE PLAN
APPROVED PURSUANT TO SECTION 47 OF ORDINANCE
NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS
AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; PROVIDING A
CLAUSE RELATING TO SEVERABILITY; DETERMINING
THAT THE PUBLIC INTERESTS, MORALS AND GENERAL
WELFARE DEMAND THE ISSUANCE OF THIS
CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00); DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, an application was made requesting issuance of a conditional use
permit by making applications for same with the Planning and Zoning Commission of the
City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the
City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites
having been complied with, the case having come before the City Council of the City of
Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having
been complied with; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council did consider the following factors in making a determination as
to whether this requested conditional use permit should be granted or denied: safety of the
motoring public and the pedestrians using the facilities in the area immediately
surrounding the site; safety from fire hazards and measures for fire control; protection of
adjacent property from flood or water damages, noise producing elements, and glare of the
vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting, and types of signs and relation of signs to traffic control
and adjacent property; street size and adequacy of width for traffic reasonably expected to
be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking
facilities; location of ingress and egress points for parking and off-street locating spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on
the promotion of health and the general welfare; effect on light and air; the effect on the
overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewerage, schools, parks and other facilities; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council of the City of Grapevine, Texas, did consider the following
factors in making a determination as to whether this requested conditional use permit
should be granted or denied; effect on the congestion of the streets, the fire hazards,
panics and other dangers possibly present in the securing of safety from same, the effect
on the promotion of health and the general welfare, effect on adequate light and air, the
effect on the overcrowding of the land, the effect on the concentration of population, the
effect on the transportation, water, sewerage, schools, parks and other public facilities;
and
WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been
satisfied by the submission of evidence at a public hearing; and
WHEREAS, the City Council further considered among other things the character of
the existing zoning district and its peculiar suitability for particular uses and with the view
to conserve the value of buildings and encourage the most appropriate use of land
throughout this City; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is
a public necessity for the granting of this conditional use permit, that the public demands it,
that the public interest clearly requires the amendment, that the zoning changes do not
unreasonably invade the rights of those who bought or improved property with reference to
the classification which existed at the time their original investment was made; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that the
conditional use permit lessens the congestion in the streets, helps secure safety from fire,
panic and other dangers, prevents the overcrowding of land, avoids undue concentration
of population, facilitates the adequate provisions of transportation, water, sewerage,
schools, parks and other public requirements; and
WHEREAS, the City Council of the City of Grapevine, Texas, has determined that
there is a necessity and need for this conditional use permit and has also found and
determined that there has been a change in the conditions of the property surrounding and
in close proximity to the property requested for a change since this property was originally
classified and, therefore, feels that the issuance of this conditional use permit for the
particular piece of property is needed, is called for, 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:
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Ordinance No. 2022-047
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 CU22-30 to amend the previously approved
site plan to allow a construction trade office with storage yard in a district zoned “LI”, Light
Industrial District within the following described property: Block 1, Lot 1, Esther Moore
Addition (1039 East Dallas Road) all in accordance with a site plan approved pursuant to
Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit "A",
and all other conditions, restrictions, and safeguards imposed herein, including but not
limited to the following: None.
Section 2. That the City Manager is hereby directed to amend the official zoning
map of the City of Grapevine, Texas, to reflect the herein conditional use permit.
Section 3. That in all other respects the use of the tract or tracts of land herein
above described shall be subject to all the applicable regulations contained in said City of
Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City
of Grapevine, Texas.
Section 4. That the zoning regulations and districts as herein established have
been made in accordance with the comprehensive plan for the purpose of promoting
health, safety, morals and the general welfare of the community. They have been
designed with respect to both present conditions and the conditions reasonably anticipated
to exist in the foreseeable future; to lessen congestion in the streets; to secure safely from
fire, panic, flood and other dangers; provide adequate light and air; to prevent
overcrowding of land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water, parks and other
public requirements, and to make adequate provisions for the normal business,
commercial needs and development of the community. They have been made with
reasonable consideration, among other things, of the character of the district, and its
peculiar suitability for the particular uses and with a view of conserving the value of
buildings and encouraging the most appropriate use of land throughout the community.
Section 5. That this ordinance shall be cumulative of all other ordinances of the
City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of
said ordinances except in those instances where provisions of those ordinances which are
in direct conflict with the provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of
land described herein shall be declared to be invalid, the same shall not affect the validity
of the zoning of the balance of the tract or tracts of land described herein.
Section 7. That any person violating any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum
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Ordinance No. 2022-047
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 first reading on this the 19th day of July, 2022.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on second and final reading on this the 16th day of August, 2022.
APPROVED:
_________________________________
William D. Tate
Mayor
ATTEST:
_________________________________
Tara Brooks
City Secretary
APPROVED AS TO FORM:
_________________________________
Matthew C.G. Boyle
City Attorney
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Ordinance No. 2022-047