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Item 03- CU09-15 Gaylord Texan
f,.c TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR(\AW MEETING DATE: JUNE 16, 2009 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU09-15 I I i I I I; I Grapevine •y?° APPLICANT: Bennett Westbrook lake � eve\ pn I.H.635 r,1 Northwest d PROPERTY LOCATION AND SIZE: Os Y13; ,m' y? The subject property is located at 1501 Gaylord Trail ' and is platted as Lot 1, Block 1, Opryland Addition. Airp 4'4.'0 DFW ort The property contains approximately 52.254 acres. • Hall-Johnson O L, c I T----9 0 LJ m Glade Rd. d I I— c O REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional permit to amend previously approved site plan of CU08-17 (Ord. 08-48) for a planned commercial center in conjunction with a hotel and convention center, specifically to allow outdoor speakers in conjunction with a fireworks viewing area. The applicant proposes to create a fireworks viewing area on the rooftop (51" level) of the Gaylord Texan resort garage in conjunction with the City's fireworks display as part of Summerfest on Friday evenings during the period May 22 through September 4, 2009 which will begin at approximately 9:30 p.m. and be completed by 10:00 p.m. The area will be made available to guests/patrons starting at 6:00 p.m. and refreshments will be offered for sale. Recorded music will be provided with a DJ playing music from 8:30 p.m. to 10:00 p.m. Sound measurements were taken on May 13, 2009 with the proposed setup that will occur during the actual events on Friday evenings. Sound levels during the simulation were below the maximum levels allowed by ordinance. O:\ZCU\CU09-15.4 1 June 8,2009(11:34PM) PRESENT ZONING AND USE: The subject property is currently zoned "PCD" Planned Commerce Development District and is developed as the Gaylord Texan Resort and Convention Center on Lake Grapevine. HISTORY OF TRACT AND SURROUNDING AREA: The subject property was zoned "R-1"Single-Family Dwelling District prior to the 1984 City Rezoning. A Specific Use Permit(Ord. 77-12)was approved by Council on March 1, 1977 for a health care center, but was never developed. Conditional Use Request CU99-69 (Ord. 99-182)was approved by Council at the December 21, 1999 meeting and allowed for a 1,600-room hotel with conference center space in excess of 300,000 square feet on the subject site. The site plan for the Opryland Hotel was later amended at the February 20, 2001 (CU01-05; Ord. 01-12) meeting specifically to revise the parking layout. At the March 18, 2003 meeting Council approved a modification of the site plan (CU03-03) for the Opryland Hotel specifically to establish sales and storage areas for alcoholic beverages within the hotel Council also approved a special use permit(SU03-02)to establish cellular antenna equipment under the hotel silo with low profile antenna arrays on the hotel roof and allow for approximately 20 video games and two pool tables in the Train Station area of the hotel. Conditional Use Request CU03-15 was approved May 20, 2003 which established the floor plan and elevations for the "Point" Restaurant. Conditional Use Request CU03-38 was considered and approved by Council at their October 21, 2003 meeting which allowed for minor site changes such as feature landscaping modifications along the Ruth Wall entrance to the site, identification of an outdoor seating area associated with the"Old Hickory Restaurant"within the hotel, addition of tennis courts just north of the parking lot, addition of a future events pavilion to the north of the hotel just east of the parking lot, and a revision to the final height of the hotel from 160-feet to 165-feet. In addition, a special use permit (SU03-05) was approved for a helistop location just to the north of the hotel for occasional VIP transport (approximately six to eight times per year) and emergency/care-flight situations if necessary. At the February 17, 2004 meeting, Council approved an amendment (CU04-04) to the site plan associated with the "Glass Cactus" restaurant (formerly known as the "The Point" restaurant). Specifically, the restaurant's exterior elevations were modified and extensive changes to the floor plan were made to accommodate a variety of venues and entertainment options. At the March 23, 2004 meeting, Council approved CU04-09 on the subject site which allowed for approval of the entire signage package for the Gaylord Hotel. At that same meeting, SU04-01 was also approved allowed for paid-parking throughout the hotel site. An above surface,three- level parking garage containing 1,485 parking spaces was approved on the subject site by Council at their November 16, 2004 meeting (CU04-37). Minor changes to the site plan associated with the parking structure, such as the addition of a covered walkway and landscaping modifications, were approved by the Site Plan Review Committee(CU05-17) at their March 23, 2005 meeting. At Council's December 18, 2007 meeting, a conditional use permit (CU07-36) was approved on the subject site which allowed for two additional levels of parking to be added to the north parking garage (approximately 636 spaces). O:1ZCMCU09-15.4 2 June 8,2009(11:34PM) At a special meeting held on March 25,2008 conditional use request CU08-01 (Ord. 08-12) was considered and approved on the subject site allowing for a 492-room, 12-story tower addition and an approximate 600,000 square foot expansion to the convention center. In addition, stipulations were placed on the approval of the expansion relative to noise and light reduction at the parking garage and Glass Cactus. In particular: • Parking garage: Headlight screening shall be placed from the spandrel panels up on levels two and three facing the residential properties. • Lighting:All ground level lights on the west side of the building shall be shielded for glare. • Glass Cactus: Immediately provide headlight screening and evergreen screening plants to be placed at the wrought iron fence west of the portico. • Gaylord officials shall provide a sound attenuation plan to the Site Plan Review Committee within 90 days of the approval of the request. The Site Plan Review Committee, at their August 27, 2008 meeting, met to consider the proposed plan to reduce noise at the Glass Cactus and to ensure the specific conditions of the March 25, 2008 meeting had been met. It was determined that the condition relative to lighting has already been met, and the first condition relative to the Glass Cactus has also been met. The noise reduction plan at the Glass Cactus centered on providing wing walls and vestibules on key doorways leading onto the main and upper balconies. Specifically a wing wall was proposed on the main balcony and upper balcony at the northwest corners— both of these walls deflecting sound northward as it escapes from the interior of the Glass "°'` Cactus. In addition to the wing walls, an exterior vestibule onto the main balcony on the west side (the side that faces the neighborhood) will be created to keep noise from escaping from the dance floor area. A second interior vestibule is proposed along the west side near the band/stage area. On the upper balcony, doorway exits onto the west side of the balcony will be converted to emergency access only. A letter from the sound consultants who measured the noise from the Glass Cactus on Saturday, March 1, 2008 between the hours of 8:00 p.m. to 12:00 a.m. determined that although there was on a periodic basis noise that could be heard coming from the Glass Cactus, it did not exceed the standards established in the City's Performance Standards relative to noise. At Council's September 16, 2008 meeting conditional use request CU08-17 was approved on the subject site which allowed for the addition of a resort pool complex, food and beverage pavilion and an event pad site. A subsequent revision was approved by the Site Plan Review Committee at their April 30, 2009 meeting which approved alternate landscaped screening for the hotel cooling towers in lieu of the 30-feet screening wall that was previously approved. Elimination of the event pad site was also a part of the request. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "GU" Governmental Use District—Grapevine Lake SOUTH: "GU" Governmental Use District and "R-7.5" Single Family District O:1ZCU1CU09-15.4 3 June 8,2009(11:34PM) Grapevine Lake, The Woods single family subdivision EAST: "GU" Governmental Use District—Grapevine Lake WEST: "GU" Governmental Use District, "R-7.5" Single Family District, and "CN" Neighborhood Commercial District—Grapevine Lake, Lakewood Acres single family subdivision, and the former Grapevine Steakhouse now occupied by the Grapevine Elks Lodge. AIRPORT IMPACT: The subject tract is located within both "Zone A"Zone of Minimal Effect and"Zone B"Zone of middle effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" Map. In"Zone A,"few activities will be affected by aircraft sounds except for sound sensitive activities such as auditoriums, churches, schools, hospitals, and theaters. In "Zone B" the following uses may be considered only if sound treatment is included in building design: multifamily apartments, motels, office buildings, movie theaters, restaurants, personal and business services. Single family residential and sound sensitive uses such as schools and churches should avoid this zone. The applicant's proposal is an appropriate use in both of these noise zones. ` MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Commercial land use. The applicant's request is in compliance with the Master Plan. /rs O:1ZCU1CU09-15.4 4 June 8,2009(11:34PM) 114k Ewa . . . 112411,' , '' 25 AC BB 89 1 !]L!IW oll _ . :..L iii! bYI .,, . - . . . . . . III say. . . -Ta a ounty ,, CriNPria \\ \ i " " : Adak id ''''. n VIE/ , , . . . . Is UMW I' 1111 1 111101 .. ...v. ./ _ , et it,� 1111111111 1111311111,1 iuAC ,4 -55C1 ____ _6... ... ._., 1 , . 81AC i lisimml\_ ._p_RivAley. fi f \ 2p 19 18 s 17 16 15 11 [ t( � 1.50 110 \\ *A 1.,�__---1 7355 msso Ill B 7 8 9 10 11 12 \ ` •m.4er. - �. I . l ty 0•1111111PIIIII 11121111111111/*Nr \\\- • - . — - --- 3138 . PM 111111111, `,,- _ . _- ,RSA u32AC a IgginglOgigrifift, /YAM ' ©� ye s � CUO9-15 Gaylord Texan _ 1 inch 400 feet Cuo - !S GRA ' VINE T $ _ 1A S . i v ti CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1.APPLICANT INFORMATION Name of applicant/agent/company/contact GAYLORD HOTELS BENNETT WESTBROOK Street address of applicant/agent: ONE GAYLORD DRIVE City/State/Zip Code of applicant/agent: NASHVILLE, TN 37214 Telephone number of applicant/agent: Fax number of applicant/agent 615-316-6000 615-316-6557 Email address of applicant/agent Mobile phone number of applicant/agent Applicant's interest in subject property: OWNER PART 2. PROPERTY INFORMATION treet address of subject property 1501 GAYLORD TRAIL,#3 Legal description of subject property(metes&bounds must be described on 8 1/2"x 11"sheet) SEE ATTACHED Size of subject property 52.254 Acres VIEWING 54,736 Square footage CIRCULATION 7,165 Present zoning classification: Proposed use of the property:RESORT PARKING GARAGE;PERMIT MUSIC FOR FIREWORKS VIEWING ON HCO PCD ROOF Minimum/maximum district size for conditional use request: NA Zoning ordinance provision requiring a conditional use: SECTION 48, CONDITIONAL USE PART 3. PROPERTY OWNER INFORMATION Name of current properly owner. GAYLORD HOTELS Street address of properly owner. ONE GAYLORD DRIVE City/State/Zip Code of property owner. NASHVILLE, TN 37214 Telephone number of property owner. Fax number of property owner.615-316-6557 615-316-6000 MAY 1 5 2009 CLW3 13 ❑ Submit a letter 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:buffer yards, distance between users) ' ❑ 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'8"). ❑ The site plan submission shall meet the requirements of Section 47, Site Plan Requirements. ❑ 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. ❑ 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 US- 7 QUE T D PLA - • ONDITIONAL USE REQUEST SIGN ON THE SUBJECT PROPERTY ;�� BENNETT WESTBROOK 111/ / I {fl I Print Applicant's Name: • •r- -n s Signature: The State of TENNESSEE County Of DAVIDSON / .�� /� Before Me et/?>hot e... C ✓�uS on this day personally appeared 150,04404- 4 *4011,4 k (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 consideration therein expressed. C� (Seal)Given under my hand and seal of office this J/"day of /�'` 47 ,A.D. 25)I. \N,�11111NII C.(//4� / MY COMMISSION EXPIRES: ��QQ•�.'''*C'•:::4• . November 14,2009 a`O:• STATE • (5, OF ? = Notary I, •nd For State Of Te es : El i TENNESSEE ; c / NOTARY •'•, PUBLIC '' 9 ��/ Print HOTELS ,0%•••••••••• ���� 1PfAll I�I !' �I Pnt Property Owners Name: l#N11111111110 Prope +wner's Ignature: The State Of TENNESSEE County Of DAVIDS N �' Before Me L 1V 6 P1 C.- \J Qh C S on this day personally appeared .B.e y I' - 11 V "W/G (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 subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes� � /'1 and consideration d. deeration therein expressed. Given under my hand and seal of office t�ian Jui ' day of - 47 ,A.D. '14,0 MY COMMISSION EXPIRES: �VP• STATE •:Fdi A"...4...e:November 14,2009 OF TENNESSEE _ Notary In And For State Of Ten ee NOTARY s PUBLIC • c /if;;;,°q4!(.....-..•:\``\\.�� ,, '��II'ta lu ����■ MAY 5 2009 Oitt9- 15 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 bee, -tat the tim. o , • .mittal. i a/ 4 1 1 7 Signature of Applicant A' l' PI Date: 51111 01 I4i Signature of Owner 1 ; Iii r P. �� Date: 9 I I LO MAY 15 2009 �� GAYLORD ENTERTAINMENT® V�IVv 1)9 Bennett Westbrook.Senior Vice President, Development,Design & Construction May 14,2009 Mr. Ron Stombaugh Planning and Development Manager City of Grapevine 200 South Main Street Grapevine, TX 76051 Dear Ron, The Gaylord Texan is seeking to amend the Conditional Use to permit music for fireworks viewing on the rooftop(5th level) of the Gaylord Texan resort garage. The City of Grapevine plans to conduct a fireworks display every Friday evening during Summerfest(from May 22, 2009 through September 4, 2009). The fireworks displays are planned to begin after sundown(at approximately 9:30 PM), last for about 15 minutes and be complete by 10:00 PM. In response to local requests for fireworks viewing areas on Gaylord Texan property during previous fireworks displays on Lake Grapevine, the Texan plans to open the roof of the resort garage between the hours of 6:00 PM and 10:00 PM to provide a family friendly viewing area. Refreshments will be offered for sale and recorded music will be provided. A DJ will be working from 8:30 PM until 10:00 PM to emcee the evening. The DJ will make informational, logistics and safety announcements, conduct giveaways and prepare guests for the fireworks display. Notice of the dates, times,parking directions, etc for the garage rooftop to be open for viewing fireworks will be posted on the Gaylord Texan information web page that is linked to the Grapevine Northeast Neighborhood Association web site. (http://grapevinenna.com/index.html). A diagram showing the proposed layout of the garage roof is attached. Maximum attendance would not exceed 1,440 persons, as permitted by the City of Grapevine Plan and Permit Review department. Three to four representatives from the City of Grapevine Fire Department will be present. Attendance is expected to be comprised of mostly local area residents, destination visitors in Grapevine and guests of the Texan. 54,736 square feet will be available on the roof of the resort garage for guests to view the fireworks and 7,165 square feet will be used for circulation. Access to the rooftop will be via stairwells and the elevator. Gaylord Entertainment Company MAY 15 2009 One Gaylord Drive,Nashville,TN 37214 Telephone 615-316-6436 Facsimile 615-316-6557 Email:bwestbrook @gaylordentertainment.com Letter to Ron Stombaugh May 14, 2009 Page 2 Oq _ I 5 Acoustic engineers with Wrightson,Johnson,Haddon &Williams (WJHW)were present at the property on 5/13/2009 to conduct sound measurements for a recorded music/DJ set up test. A representative from the City of Grapevine Development Department was also present. Measurements and recommendations from WJHW were used to determine speaker location, orientation and volume settings to insure compliance with the City of Grapevine sound ordinance. As shown in the attached diagram, the DJ booth will be located at the north wall of the resort garage and facing south. A total of six speakers will be will be oriented facing south and southeast away from the residences located west of the Texan. This configuration of speakers was tested at various volume levels to determine the appropriate level to use. The final design achieved readings of 54 dB, well below the maximum level of 59dB permitted in the City of Grapevine zoning ordinance. The same plan will be used each time the roof of the resort garage is opened for viewing the fireworks displays. The 5th floor of the garage will be closed to vehicular traffic; ramps will be barricaded. Access will be via the elevator and stairwells. This garage has a total of 2,212 parking spaces. 347 spaces will be unavailable for parking during the fireworks viewing events. 1,865 spaces will be available for parking. Other onsite parking includes 648 spaces in the convention center garage, 1,040 surface parking spaces and 1,602 spaces in the remote parking lot. If necessary, employees will park in the remote lot. We appreciate your consideration in this matter. Sincerely, 711 pf��i Bennett Westbrook MAY 1 5 2009 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 CU09-15 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2008-48 FOR OUTDOOR SPEAKERS IN CONJUNCTION WITH A FIREWORKS VIEWING AREA IN A DISTRICT ZONED "PCD" PLANNED COMMERCE DEVELOPMENT 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, an is in the best interest of the public at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this community. 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 CU09-15 to amend the site plan approved by Ordinance No. 08-48 for a planned commercial center in conjunction with a hotel and convention center specifically to allow outdoor speakers in conjunction with a fireworks viewing area, in a district zoned "PCD" Planned Commerce Development District within the following described property: Lot 1, Block 1, Opryland Addition (1501 Gaylord Trail) 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 ORD. NO. 3 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 ($2,000.00)and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of June, 2009. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4 11'W110M 1Id aY 1,tO�:Or/+1GMt>trN -R fl1'R NMI COT71 co +.,. sir= p#KM+fi ,RKt.�}�7[ i� # 7 /rt35C+ 44,9i' � . IC; + .1 :_ {1 ,Ill eP ill ,Itta; ,� .'' ffil ttr'/ £.,",ell �1 3 's14id*.,44$ t s ,1�'t(f}§9liiir+i t 1111 ;lF1 b '4a1R�: e1,, //'frie11,1i,1i`sltii }!+1'`1if 1 f •,S + ""�''=' .' 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