HomeMy WebLinkAboutORD 2023-009 ORDINANCE NO. 2023-009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT
CU23-01 TO AMEND THE PREVIOUSLY APPROVED SITE
PLAN FOR CU03-29 FOR A PLANNED COMMERCIAL
CENTER INCLUDING AN AUTOMOTIVE REPAIR FACILITY,
GASOLINE SALES, THE POSSESSION, STORAGE, RETAIL
SALE OF OFF PREMISE CONSUMPTION OF ALCOHOLIC
BEVERAGES (BEER AND WINE ONLY) IN CONJUNCTION
WITH A RETAIL STORE. THIS REQUEST IS SPECIFICALLY
TO ADD TWO METAL STORAGE CONTAINERS FOR THE
PURPOSE OF STORING NEW PARTS AND LANDSCAPE
EQUIPMENT FOR ON-AND OFF-SITE WALMART FACILITY
MANAGEMENT FOR BLOCK 1, LOT 2, WAL-MART
ADDITION (1601 WEST STATE HIGHWAY 114) IN A
DISTRICT ZONED "CC", COMMUNITY COMMERCIAL
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); 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
Ordinance No. 2023-009 2 CU23-01
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 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 CU23-01 to allow for two metal storage containers for the purpose
of storing new parts and landscape equipment for on- and off-site Walmart facility
management in a district zoned "CC", Community Commercial District within the following
described property: Block 1 , Lot 2, Wal-Mart Addition (1601 West State Highway 114) 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:
Nothing shall be stored above the 8-foot wood screening fence; and amend page 3 of the
plan set, removing the box truck and adding a pickup trailer with height dimensioned.
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.
Ordinance No. 2023-009 3 CU23-01
I
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 this ordinance shall become effective from and after the date of
its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 21st day of February, 2023.
APPROVED:
William D. Tate
Mayor
ATTEST: •
Tara Brooks = {
City Secretary \\ y,z `'
* , *
APPROVED AS TO FORM:
/"i\k* b.)
Matthew C.G. Boyle
City Attorney
Ordinance No. 2023-009 4 CU23-01
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Lots 1-2, Block 1, Wal-Mart Addition
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1.REFUSE DISPOSAL AREAS SHALL BE LANDSCAPED AND SCREENED FROM
VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE.
2. MECHANICAL AND ELECTRICAL EQUIPMENT INCLUDING AIR
CONDITIONING UNITS, SHALL BE DESIGNED, INSTALLED, AND OPERATED
TO MINIMIZE NOISE IMPACT ON SURROUNDING PROPERTY. ALL SUCH
EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE
WITH THE ZONING ORDINANCE.
3. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN
ACCORDANCE WITH THE ZONING ORDINANCE.
4. THE MASONRY REQUIREMENTS OF SECTION 54 OF THE ZONING
ORDINANCE SHALL BE MET.
5. ILLUMINATED SIGNAGE WAS INCLUDED IN THE DETERMINATION OF
THE SITE ILLUMINATION LEVELS.
6. OUTDOOR LIGHTING SHALL COMPLY WITH ILLUMINATION STANDARDS
WITHIN SECTION 55 OF THE ZONING ORDINANCE UNLESS SPECIFICALLY
EXCEPTED.
7. PROPOSED GROUND SIGNAGE SHALL MEET THE MINIMUM
REQUIREMENTS OF SECTION 60 OF THE ZONING ORDINANCE AND IS
CONTINGENT UPON APPROVAL OF A SEPARATE BUILDING PERMIT WITH
BUILDING SERVICES.
8. ALL ONSITE ELECTRICAL CONDUCTORS ASSOCIATED WITH NEW
CONSTRUCTION SHALL BE LOCATED UNDERGROUND.
9. USES SHALL CONFORM IN OPERATION, LOCATION, AND CONSTRUCTION
TO THE FOLLOWING PERFORMANCE STANDARDS IN SECTION 55 OF THE
ZONING ORDINANCE: NOISE, SMOKE AND PARTICULATE MATTER,
ODOROUS MATTER, FIRE OR EXPLOSIVE HAZARD MATERIAL, TOXIC AND
NOXIOUS MATTER, VIBRATION, AND/OR OTHER PERFORMANCE
STANDARDS.
10. ALL REQUIREMENTS OF THE CITY OF GRAPEVINE SOIL EROSION
CONTROL ORDINANCE SHALL BE MET DURING THE PERIOD OF
CONSTRUCTION.
PURPOSE STATEMENT:
1. TO AMEND THE PREVIOUSLY APPROVED SITE PLAN FOR CU03-29 FOR A
PLANNED COMMERCIAL CENTER, SPECIFICALLY TO ALLOW 2 (8' X 40')
METAL STORAGE CONTAINERS FOR THE PURPOSE OF NEW PARTS AND
LANDSCAPE EQUIPMENT STORAGE FOR ON- AND OFF-SITE WALMART
FACILITY MANAGEMENT.
Approved with the following
conditions:
1. Nothing shall be stored
above the 8-foot wood
screening fence; and
2. Amend page 3 of the
plan set, removing the box
truck and adding a pickup
trailer with height
dimensioned.
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Site Plan
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Walmart Supercenter 266
Lot 2, Block 1, Wal-Mart Addition
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STAN'AR'NOTES
1.REFUSE DISPOSAL AREAS SHALL BE LANDSCAPED AND SCREENED
FROM VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE.
2. MECHANICAL AND ELECTRICAL EQUIPMENT INCLUDING AIR
CONDITIONING UNITS, SHALL BE DESIGNED, INSTALLED, AND
OPERATED TO MINIMIZE NOISE IMPACT ON SURROUNDING
PROPERTY. ALL SUCH EQUIPMENT SHALL BE SCREENED FROM
PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE.
3. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN
ACCORDANCE WITH THE ZONING ORDINANCE.
4. THE MASONRY REQUIREMENTS OF SECTION 54 OF THE ZONING
ORDINANCE SHALL BE MET.
5. ILLUMINATED SIGNAGE WAS INCLUDED IN THE DETERMINATION
OF THE SITE ILLUMINATION LEVELS.
6. OUTDOOR LIGHTING SHALL COMPLY WITH ILLUMINATION
STANDARDS WITHIN SECTION 55 OF THE ZONING ORDINANCE
UNLESS SPECIFICALLY EXCEPTED.
7. PROPOSED GROUND SIGNAGE SHALL MEET THE MINIMUM
REQUIREMENTS OF SECTION 60 OF THE ZONING ORDINANCE AND
IS CONTINGENT UPON APPROVAL OF A SEPARATE BUILDING
PERMIT WITH BUILDING SERVICES.
8. ALL ONSITE ELECTRICAL CONDUCTORS ASSOCIATED WITH NEW
CONSTRUCTION SHALL BE LOCATED UNDERGROUND.
9. USES SHALL CONFORM IN OPERATION, LOCATION, AND
CONSTRUCTION TO THE FOLLOWING PERFORMANCE STANDARDS
IN SECTION 55 OF THE ZONING ORDINANCE: NOISE, SMOKE AND
PARTICULATE MATTER, ODOROUS MATTER, FIRE OR EXPLOSIVE
HAZARD MATERIAL, TOXIC AND NOXIOUS MATTER, VIBRATION,
AND/OR OTHER PERFORMANCE STANDARDS.
10. ALL REQUIREMENTS OF THE CITY OF GRAPEVINE SOIL EROSION
CONTROL ORDINANCE SHALL BE MET DURING THE PERIOD OF
CONSTRUCTION.
EXISTING
FIRE
LANE
EXISTING
FIRE
LANE
NO
OUTDOOR
STORAGE
NO
OUTDOOR
STORAGE
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OUTDOOR
STORAGE
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OUTDOOR
STORAGE
PROPOSED
CURB
(2) 8' X 40' METAL
STORAGE
CONTAINERS
PURPOSE STATEMENT:
1. TO AMEND THE PREVIOUSLY APPROVED SITE PLAN FOR CU03-29 FOR A
PLANNED COMMERCIAL CENTER, SPECIFICALLY TO ALLOW 2 (8' X 40')
METAL STORAGE CONTAINERS FOR THE PURPOSE OF NEW PARTS AND
LANDSCAPE EQUIPMENT STORAGE FOR ON- AND OFF-SITE WALMART
FACILITY MANAGEMENT.
Approved with the following conditions:
1. Nothing shall be stored above the 8-
foot wood screening fence; and
2. Amend page 3 of the plan set,
removing the box truck and adding a
pickup trailer with height dimensioned.
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CAUTION!!
Site Plan
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Walmart Supercenter 266
Lot 2, Block 1, Wal-Mart Addition
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PURPOSE STATEMENT:
1.TO AMEND THE PREVIOUSLY APPROVED SITE PLAN FOR CU03-29 FOR A
PLANNED COMMERCIAL CENTER, SPECIFICALLY TO ALLOW 2 (8' X 40')
METAL STORAGE CONTAINERS FOR THE PURPOSE OF NEW PARTS AND
LANDSCAPE EQUIPMENT STORAGE FOR ON- AND OFF-SITE WALMART
FACILITY MANAGEMENT.
6T$N'$R'NOTE6
1. REFUSE DISPOSAL AREAS SHALL BE LANDSCAPED AND SCREENED FROM
VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE.
2. MECHANICAL AND ELECTRICAL EQUIPMENT INCLUDING AIR
CONDITIONING UNITS, SHALL BE DESIGNED, INSTALLED, AND OPERATED
TO MINIMIZE NOISE IMPACT ON SURROUNDING PROPERTY. ALL SUCH
EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE
WITH THE ZONING ORDINANCE.
3. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN
ACCORDANCE WITH THE ZONING ORDINANCE.
4. THE MASONRY REQUIREMENTS OF SECTION 54 OF THE ZONING
ORDINANCE SHALL BE MET.
5. ILLUMINATED SIGNAGE WAS INCLUDED IN THE DETERMINATION OF
THE SITE ILLUMINATION LEVELS.
6. OUTDOOR LIGHTING SHALL COMPLY WITH ILLUMINATION STANDARDS
WITHIN SECTION 55 OF THE ZONING ORDINANCE UNLESS SPECIFICALLY
EXCEPTED.
7. PROPOSED GROUND SIGNAGE SHALL MEET THE MINIMUM
REQUIREMENTS OF SECTION 60 OF THE ZONING ORDINANCE AND IS
CONTINGENT UPON APPROVAL OF A SEPARATE BUILDING PERMIT WITH
BUILDING SERVICES.
8. ALL ONSITE ELECTRICAL CONDUCTORS ASSOCIATED WITH NEW
CONSTRUCTION SHALL BE LOCATED UNDERGROUND.
9. USES SHALL CONFORM IN OPERATION, LOCATION, AND CONSTRUCTION
TO THE FOLLOWING PERFORMANCE STANDARDS IN SECTION 55 OF THE
ZONING ORDINANCE: NOISE, SMOKE AND PARTICULATE MATTER,
ODOROUS MATTER, FIRE OR EXPLOSIVE HAZARD MATERIAL, TOXIC AND
NOXIOUS MATTER, VIBRATION, AND/OR OTHER PERFORMANCE
STANDARDS.
10. ALL REQUIREMENTS OF THE CITY OF GRAPEVINE SOIL EROSION
CONTROL ORDINANCE SHALL BE MET DURING THE PERIOD OF
CONSTRUCTION.
ELEVATION
±655.0
Approved with the following conditions:
1. Nothing shall be stored above the 8-foot wood
screening fence; and
2. Amend page 3 of the plan set, removing the
box truck and adding a pickup trailer with height
dimensioned.