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HomeMy WebLinkAboutItem 03 - CU09-16, PD09-04 Faith Christian School 1.-Fm Pd- 2° c - 7 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS, AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER 1 SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: JULY 21, 2009 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU09-16 AND PLANNED DEVELOPMENT OVERLAY PD09-04 r---1 I I I 1 r " ;-- Grapevine Lake APPLICANT: Dr. Ed Smith Dove_ I.H.635 Northwes �'.. t , . ��' /�� :All PROPERTY LOCATION AND SIZE: ti The subject property is addressed as 729 East I Hall-Johnson S u?6,0 ADP Dallas Road and is platted as Lot 1, Block 1, Faith L --- Christian School Addition. The property contains Glade Rd. - m -I approximately 9.69 acres and has 530 feet of frontage along East Dallas Road and 658 feet of frontage along Dawn Lane. REQUESTED CONDITIONAL USE AND PLANNED DEVELOPMENT OVERLAY COMMENTS: The applicant is requesting a conditional use permit to amend the previously approved site plan of CU07-09 (Ord. 07-19) for a non-profit educational institution in the "LI" Light Industrial District, specifically to allow six portable buildings. The applicant is also requesting a planned development overlay on the subject property to allow deviation from the 70% masonry requirement in Section 54, Masonry Requirements for these buildings. With this request the applicant proposes to relocate six(6)existing portable buildings from 730 E. Worth Street, the site of the existing Faith Christian School campus, and use them for temporary classroom space on the subject site. The proposed location of the portables will be at the rear or north side of the new high school building in an area previously shown as the football field. The applicant proposes placing the portables on the subject property ZCU\CU09-16/PD09-04.4 1 July 15,2009(4:08PM) for a period of five years with an extension not to exceed two years. The applicant along with the conditional use request is also requesting a planned development overlay to deviate from the 70% masonry requirement within the "LI" Light Industrial District. The applicant has expressed that the added expense of applying masonry to the exterior of the portables would make the project cost prohibitive. Please see the attached letter. A Move-In Building Request (MIB09-01)for the portable building has also been submitted by the applicant on the subject site. PRESENT ZONING AND USE: The property is currently zoned "LI" Light Industrial District and is developed with new school building. HISTORY OF TRACT AND SURROUNDING AREA: The property to the west was rezoned from "1-2" Heavy Industrial District to "LI" Light Industrial District in the city-wide rezoning of 1984. A conditional use permit (CU97-53) allowing outside storage in conjunction with a truck and van leasing facility was approved for the property to the west at the November 18, 1997 joint public hearing. The subject property was rezoned from "I-1" Light Industrial District to"LI" Light Industrial District in the city-wide rezoning of 1984 and is the former site of the Super Shuttle transportation service. The property to the South was rezoned from "1-2" Heavy Industrial District to "LI" Light Industrial District in the city-wide rezoning of 1984. At the November 21, 2000 meeting a revised conditional use permit (C000-63) was approved on the property to the west allowing outside storage in conjunction with a truck leasing business. At the April 18, 2006 meeting conditional use permit(CU06-06) and planned development overlay(PD06- 04) was approved on the subject property establishing the site for the Faith Christian School high school expansion in addition to ball field light standards which exceeded the maximum permitted height within the"LI" District. At the April17, 2007 meeting conditional use permit (CU07-09) was approved on the on the subject property to modify the site layout and elevations of the proposed facility. This approval also outlined the applicant's intention to phase construction under one roof, with the athletic, performing arts facilities and classrooms contained in the first phase and subsequent phases for additional classrooms and a football stadium. At the December 12, 2007 SPRC meeting, conditional use permit (CU07-38) was approved for the addition of two exterior staircases, a porte cochere, plus a condition of approval was added for 85 additional parking spaces to be located due north of the existing building in order to receive a Certificate of Occupancy for the 800 seat auditorium. SURROUNDING ZONING AND EXISTING LAND USE: ZCU\CU09-16/PD09-04.4 2 July 15,2009(4:08PM) NORTH: "GU"Governmental Use District—former Grapevine Middle School, now utilized by Faith Christian School SOUTH: "LI" Light Industrial District— Northfield Distribution Center EAST: "LI" Light Industrial District— burial vault business WEST: "LI" Light Industrial District—truck leasing business AIRPORT IMPACT: The subject tract is located within "Zone A" zone of minimal effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. Few activities will be affected by aircraft sounds in Zone A, except for sound sensitive activities such as auditoriums,churches, schools, hospitals,and theaters. The applicant's proposal' is an appropriate use in this noise zone only if appropriate noise attenuation measures are considered and applied during the construction process. MASTER PLAN APPLICATION: The Master Plan designates the subject property as an Industrial/Commercial land use. The applicant's proposal is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates Dallas Road as a Type C, Minor Arterial with a minimum 80-foot right-of-way developed as four lanes with a center left turn lane. /at ZCU\CU09-16/PD09-04.4 3 July 14,2009(8:20AM) 010— -"D� SCHOO`L 1 2 11111111_ 8 >�- 1 U i %MI L En 8 a0 135 2 13666E I R-92.5 yvA�-HU S TR 2 1 2 ,X 2s Z 1.1255p 44986F1125© w .331 IRA Q � �w is ■ i 5 . 1 2 • 2A 1.60 CANNON ST TR201A R-MF-2 BP 1.05 Ac R=75 Fp�'����p yO 118 TR203 TR 3 S ,pN C�'► 5O1-p TR 20 2U to .51 2A 499 C . •192118 F pCt�OW*,,f00N SC,ASS TR 201 zss A� A� 0 2.76 AC sC'N1OO6$f 3 3 re TOTAL 6 1 5.561 AC TR3 119 I Sill 7 1 78 .2634 C.: • ° 25 111144_ N 23 "51. .7- - .5�,v `} , i 101 ��i+�� � 3 ..?„a016)- S -'� 102 r�r Z erg• Jb- a -a . ,� Np %04t* ''1:11101111 t\ it SA �C`� 4 NC) 1 n ' �:z '�: ,� -'� TACT ®�5111 ; 120 105 911(‘‘' ON x< p �-�3 1 W • '9" -'- 0S• -a- - - 9- • I 106 PO fi 32 W i .7.V.,/t -°.V.J7`'? 9.? 14 Q9r 0 �M 130 119 I IME$86x3 5.880 99 : ,, ,-`'-_R``��G D�{IAiC�Jj�+��: J 153 142 131 118 i 107 1 S - :Jr D.-YJ.• .�Y O YJ-- TRACT s' 154 141 132 117 R:7.5 108 tJ 1 2 9 0 .,�0:O. .^D 0"9. .^:9, --1 '538B1_ 3B 155 140 I MI 116 4? 109 rt 1.325e o< ��'x a.'�y a�? O.rZ � 156 �•' 134 115 ti El N•1 m TR -L„--3-1j' •9 -J:y, •y 5 {7:9•N., TRACT TR 2TRA 2C2A TR S� r 281 i .,- 1G{ .1Z I'.,- . 'ti .J: LOT1 160 jP El 138 ' 135 114 AC I. _a V,...J�. b. -- : \ 1276 8 Ise ® 136 �� 1........ rsrwra.srw.r..r.....wsl.•1•111w6 I CN. R�BV�1ON ,R S�R`BV��O �F� G�N�eRJ 6 R� H�1�VD CfcN,�ER 6 3°7.61 N 0 Sai E CI i A 2 TR 1A1 TR to A 1.03 AC .97 AC /� 5 G R CC _,..0e' _%11 - _t AN I o1 0 , CUO9-1 6 & PD09-04 1 inch=300 feet Faith Christian School atOq-16 „.,4,,, 1 , 1 NE T B "YA S -1 CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1.APPLICANT INFORMATION Name of plicant/agenticompany/contact (r h Cbr,5 361001 ' Street address of applicant/agent: 713 e. Vikatr , 5}(eA City/State/Zip Code of applicant/agent ra t\ae, texcs .76651 Teleph e nuMber of applicant/agent: Fax number of applicant/agent Al 12. 414 Li W17. *12. RgO4 Email addfess of applicant/agent Mobile ph ne number of applicant/agent (Jar -1 .Mcbatitzetl@ cc,sc� ri.a J 2illllll4 . 7z4 .4334 Applicant's interest in subject property: (Di ner/I ...,.. PART 2. PROPERTY INFORMATION Street address of subject properly 72g 6 _ s �[ Qnd Legal description of subject property(metes&bounds must be described on 81/2"x 11°sheet) — Copy G G(14^1e9/included Lot I Block 1 Addition 1 j f trj Chrf�-h�an &! O0 Size of subject property -a' . 469' Acres 7(O (0-24 Square footage Present zoning classification: Proposed use of the property: r LI Cducalioc> Minimum/maximum district size for conditional use request: Zoning ordinance provision requiring a conditional use: SeArin 31e, V,Y/ PART 3. PROPERTY OWNER INFORMATION Name of current property owner. W CJhri4anOI Street address of property owner: 730 C 1I&I' Sire e.-[ City/St /Zip Code of property owner: -Teic(s 76051 Telephone num r of property owner: Fax number of property owner: . 442. Q144 2y. tiqZ' ciRaY 0w JUN 1 2009 x ti CaO9—/IP SI Submit a letter describing the proposed conditional use and note the request on the site plan document X 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:buffer yards,distance between users) ,gf In the same letter,describe whether the proposed conditional use will,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"). Jd The site plan submission shall meet the requirements of Section 47,Site Plan Requirements. A.I All conditional 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. id 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 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 acknowledge that all requirements 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 CcI Slaillk 447-- Print Applicant's Name: Applicant's Signature: The State of 0.5 County Of n 4U•)•-_OCw..k Before Me LJ i�t le C\Obt'e on this day personally appeared GI 6(x) (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 e for the purposes and consideration therein expressed. \\�`Na11111i11/NI/ 4.Th �('�,.� (Seal)Given under my hand anc6.Oal of Viffs, Q day of 1 �-�� ,A.D. .4009 . o O l ` R • � H \/ I-;r = CAA() Lk I\ J/lL R �i� m _ Notary In And r State Of Texas �� Q .tQFTEXPS -.:z.-- �•• 1R ( d �. /,,,2013 ,,,,.,�` ��\ c v ... Print Property Owners Name: 111111111 Property Owner's ignature: The State Ofv (.(40 County Of --'44)..G41 (y, I ` Before Me -%. .1%.+2. np btti on this day personally appeared (� J— (notary) (property owner) known to me(or proved to me on the oagkollittrklipirether document)to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed�sa�nel ppr/f d `es and consideration therein expressed. Q (Seal)Given under my hand and spI 6�PffitieYHisP.. �*ay of l �a.�, ,A.D.aaO 1 . F. : f 114, ,,, i g rd-t,A./ \kk N-Nabk_ • 9• TF Of'� ` Notary In And For State Of Texas•'� •••EXPIRE .•' `�� �#,, 04•09_2p�3\\`�� �rOryllllIII 0\ JUN 12009 V)N)q-Oz--) „wt. , 1 NE T $ - s CITY OF GRAPEVINE PLANNED DEVELOPMENT OVERLAY APPLICATION PART 1.APPLICANT INFORMATION Name pplicant/agenticompany/contact 1-c h 0A ssia h $ak o� Street address of a plicant agent: 30 ()A S-Ire i- City ate/Zip Code of applicant/agent: ��G /�jent. 5 Teleph ne tuber o/applicant/ ent: Fax number ofapplicant/agent: 1, 442. 61141-1, AI 4 Z. ggott. Em •ad ss of applicant/agent Mobile p one number of applicant/a ent App/ is interest in subject property: woe PART 2. PROPERTY INFORMATION Street address of sub' t property 72 -g Road ;. Legal descfiption of subject property(metes&bounds must be described on 81/2"x 11"sheet) al f ac(mod Lot I Block ( Addition c� e)1rt4 ail S(�GaI Size of subject property 2 / 'j 8.04(D Acres 37 e 624 Square footage Present zoning classification: Proposed u e of the property: LI. - u(afion Minimum/maximum district size for request: QC'XiiE Zoning ordi nce provision requesting deviation from: ordi 31 e L and / 54 PART 3. PROPERTY OWNER INFORMATION Name o urrent property owner. 1 4h rs alnool Street address of pro erty owner.: - Uim* 8+r - City/30 to/Zip Code of properlyowner::rah I t aS '7b0 5 ( Telee member of property owner Fax number of properly owner: 17. 442. g144 21/. 442. 6116 O:1ZCUIFORMS1app.pd.doc 2 ✓ 1/7/2009 U/`/ AdMik 1 42n PbD9 -on ❑ Submit a letter describing the proposed Planned Development and note the request on the site plan document. ❑ Describe any special requirements or conditions that require deviation of the zoning district regulations. ❑ Describe whether the proposed overlay will,or will not cause substantial harm to the value,use or enjoyment of other property in the neighborhood. ❑ Describe how the proposed planned development will add to the value,use or enjoyment of other property in the neighborhood. ❑ The site plan submission shall meet the requirements of Section 47,Site Plan Requirements. jar All planned development overlay 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 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 requirements 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 Sfhlik Print Applicant's Name: Applicant's Signature: The State Of 1-1-111.5 County Of V Before Me %\tt on this day personally appeared CL C.J�• T"\ (no��4NU n u i Iq/// (applicant) �`‘ M N A"�/%, known to me(or proved to r'oen.049ath• l.•�afg.dryther document)to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that h�x�uteehl tor.the/Arm poses and consideration therein expressed. �T� (Seal)Given under my hart and:41 _.� , h& ? day of k Cam„ ,A.D.Cam'Wg . •i,//QQ1 t09',L��\\\\�� Notary In And For State Of Texas SW -h a Print Property Owners Name: Property Owner's Signature: The State Of iJ ktt-'" County Of Before Me CY"-€ on this day personally appeared fe f(' _. 1 (notary) (property owner) known to me(or proved to me 1tI Rt of card or other document)to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he 0&iteci the Urh',for the purposes and consideration therein expressed. A �\\\ 1V Oe , D OKJD� (Seal)Given under my held.iTlcte 4l cic j airs i��� day of ,A.D. s f1/4, Q • = l' C_ t. qlF ,,, Notary In And For State Of Texas OF i/ X4-09-2P� 0:1ZCUIFORMS1app.pd.doc ////l11t11111\1`� 3 1/7/2009 J('J4 1 2008 ead9- 16 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 , Date: 2: 41 # .S i ' Signature of Owner Date: i LI ,i• JoA, ...0004„ 1 2009 • h June 1, 2009 CHRISTIAN SCHOOL CHRIST FAMILY CHURCH Development Services SCHOOL Planning Division 200 S.Main Street CIA CFI 1 Le Grapevine,TX 76051 PN)9-"W To Whom It May Concern: Faith Christian School requests a conditional use approval from the city of Grapevine for the property located at 729 E.Dallas Road. Specifically,Faith would like to relocate the existing portables from the 730 E. Worth Street campus and place them behind the new building at 729 E.Dallas Road. Relocating the portables and finishing out an additional ten classrooms will allow Faith to use the new building for our high school staff and students.The sooner Faith is able to get the high school students and families in the Dallas Road building on a regular basis the sooner the rest of the building will be finished out. Completion of the remaining unfinished spaces is beneficial for both Faith and Grapevine. Specifically: 1. Removing the portables will further enhance the joint project between Grapevine Faith,City of Grapevine and the Historical Society(see attachment for detailed location). 2. The residents of Worth Street welcome the idea of a significant change in landscape. 3. The relocation of the portables behind the building on Dallas Road will significantly reduce their visibility. 4. The relocation of the portables will redirect over 147 teenage drivers from the Worth Street neighborhood to Dallas Road each day. The relocation of the portables will not cause harm to the value, use or enjoyment of the other property owners on Dallas Road. They will be difficult to see from Dallas Road as the new high school serves as a natural shield. Additionally, the proposed location is approximately 466 feet from the center of Dallas Road, making them virtually obscure from commuters. Faith is requesting the use of the portable classrooms for only five years from the date of their relocation, with a single extension not to exceed two school years. The placement of the portables behind the Dallas Road building directly conflicts with the desire for a new football stadium to be built on the Dallas Road campus: Faith can not have both simultaneously and is eager for a new stadium. Faith is launching a 24 month capital campaign this fall to raise the additional funds required to complete 22 classrooms necessary to relocate the high. However, due to the current economic trends,the board feels it is imperative to prepare a contingency plan. The portables will provide 12 classrooms for under$100,000 in case the campaign does not generate the$3.5 million needed.This contingency assures the high school student relocation. JUL 13 2009 Faith Christian School exists to develop and graduate authentic Christian leaders. 730 E.Worth Street• Grapevine,TX 76051 Phone:(817)442-9144• Fax: (817)442-9904•email:info @fcschool.org•www.fcschool.org With enrollment continuing to increase,even during tough economic times,Grapevine Faith remains committed to completing the Dallas Road project.The relocation will allow continued growth in enrollment, which in turn generates funding for construction. The projected enrollment for August 2009 is 660 students and an additional 30 who are unable to attend due to space limitations. Consequently,it is our intent to: 1. Relocate the portable classrooms to Dallas Road only as a contingency. 2. Remove the portables within the time frame if granted by the city council. Faith respectfully requests a conditional use approval from the city of Grapevine for the relocation of the portable classrooms to the high school campus on Dallas Road. Approval will benefit Grapevine Faith, the families in the Worth Street neighborhood, and the City of Grapevine. Regrettably,our back up plan is not financially feasible if the city requires Faith to remodel the existing classroom portables with at least seventy percent of the exterior walls,constructed of masonry. As an independent school, we respectfully ask that our temporary classrooms be granted the same exemption from this requirement as they would be if the request were filed by the Grapevine-Colleyville Independent School District. Sincerely, &,1 y0;91 Ed Smith,Ed.D. President JUL 1 3 2009 • F } ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, 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 CU09-16 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2007-19 TO ALLOW PORTABLE BUILDINGS IN A DISTRICT ZONED"LI" LIGHT INDUSTRIAL DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) 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 other things the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and encourage the most appropriate use of land throughout this City; and WHEREAS,the City Council of the City of Grapevine,Texas, does find that there is a public necessity for the granting of this conditional use permit,that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that the conditional use permit lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, prevents the overcrowding of land,avoids undue concentration of population,facilitates the adequate provisions of transportation,water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this conditional use permit and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified and, therefore, feels that the issuance of this conditional use permit for the particular piece of property is needed, is called for, and is in the best interest of the public at large,the citizens of the City of Grapevine,Texas, and helps promote the general health, safety and welfare of this community. ORD. NO. 2 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City does hereby issue a conditional use permit in accordance with Section 48 of Ordinance No. 82-73,the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix"D"of the City Code, by granting Conditional Use Permit CU09-16 to amend the site plan approved by Ordinance No. 2007-19 for a non-profit educational institution (Faith Christian School) in a district zoned "LI" Light Industrial District Regulations, specifically to allow six (6) portable buildings to be used for classrooms within the following described property: Lot 1, Block 1, Faith Christian School Addition (729 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. 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 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 July, 2009. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4 ORDINANCE NO. -` AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, 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 PD09-04 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2006-27 FOR DEVIATION FROM THE MASONRY REQUIREMENT FOR PORTABLE BUILDINGS 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 Aok 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 PD09-04 to amend the site plan approved by Ordinance No. 2006-27 for deviation from but not limited to the masonry requirements for six(6)portable buildings in conjunction with an existing non-profit educational facility(Faith Christian School) in the "LI" Light Industrial District within the following described property:. Lot 1A, Block 1, Faith Christian School Addition (729 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. ORD. NO. 3 Section 6. That the terms and provisions of this ordinance shall be deemed to be 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 21st day of July, 2009. APPROVED: ,,, ATTEST: APPROVED AS TO FORM: ORD. 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