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Home My WebLink AboutCU2023-08FLOYDHARRIS17220CENTURYOAK 6944 SATHR E ADDN 37495 1 10 14A1 1C 3 4 1 2A 14A1A A 2 CITY O F GRAPE V I N E 16060 13 13C 13E 13D WALL OFFICE PARC 44897C 1R TR 10L STARRADDN40230 PO GU HC GU LI CN R-7.5 WWALL ST ST A R R P L CU23-08; Vine Academy 417 West Wall Street 0 30 60 90 120 Feet ² Date Prepared: 4/21/2023 This data has been compiled by the City of Grapevine IT/GIS department. Various official and unofficial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data. SUBJECT PROPERTY FILE #CU23-08: VINE ACADEMY NOTICE OF PUBLIC HEARING GRAPEVINE CITY COUNCIL AND PLANNING AND ZONING COMMISSION Because you are a property owner within 200 feet of the subject tract of land as shown by the last City-approved tax rolls, you received this notice. If you cannot or do not wish to attend the hearing, the attached form is provided for your convenience. If owners of more than 20% of the property within 200 feet of the subject tract object to the case, a 3/4 vote of the City Council is required to approve the request. Case Number/Name: CU23-08; Vine Academy Applicant: Ridinger Associates, Inc./ Jason R. Kilpatrick, P.E. Location: 417 West Wall Street Current Zoning: “CN”, Neighborhood Commercial Purpose of Request: The public hearing is to consider an application submitted by Ridinger Associates, Inc. for property located at 417 West Wall Street, proposed to be platted as Block 1, Lot 2, Wright Addition. The applicant is requesting a conditional use permit to allow a private school of educational type to operate within the former Mt. Horum Baptist Church. A copy of the site plan is on file with the Department of Planning Services or online with the City Council packets at https://grapevinetexas.gov/89/Agendas-Minutes 72 hours prior to the meeting. Hearing Procedure: When: 7:30 PM, TUESDAY, MAY 16, 2023 What: JOINT PUBLIC HEARING GRAPEVINE CITY COUNCIL & PLANNING AND ZONING COMMISSION Location: PUBLIC HEARING: COUNCIL CHAMBERS, 2nd FLOOR COMMISSION'S DELIBERATION SESSION, 2nd FLOOR 200 S. MAIN STREET, GRAPEVINE, TEXAS Applicant and Other Speakers' Presentation. Public Input, Neighborhood Associations, Property Owners within 200 feet, Interested Citizenry. Questions from City Council and Planning and Zoning Commission for Applicants, City Staff and Guests Present. FILE #CU23-08: VINE ACADEMY WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 12 PM ON MONDAY, MAY 16, 2023. Procedure to Respond: As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the following comments) ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ______________________________________________________________________ Printed Property Owner Name and Address, or Lot, Block and Subdivision: ________________________________________________________________________ ________________________________________________________________________ Signature :______________________________________(Phone No.)________________ Printed Name of Signee: ______________________________ Title: _________________ Telephone: (817) 410-3155 Direct questions and mail responses to: Planning Technician Planning Services City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 313 WALL LP 315 W WALL ST STE 100 GRAPEVINE, TX 76051 CU23_08_042123_111050AM Labels - Count: 14 Page 1 BALLA C WRIGHT 601 W WALL ST GRAPEVINE, TX 76051 CU23_08_042123_111050AM Labels - Count: 14 Page 1 BALLA WRIGHT 601 W WALL ST GRAPEVINE, TX 76051 CU23_08_042123_111050AM Labels - Count: 14 Page 1 HOUSING AUTHORITY GRAPEVINE 131 STARR PL GRAPEVINE, TX 76051 CU23_08_042123_111050AM Labels - Count: 14 Page 1 JOSE SEGOVIA 312 W WALL ST GRAPEVINE, TX 76051 CU23_08_042123_111050AM Labels - Count: 14 Page 1 MADISON REAL ESTATE LTD 3000 SPRING VALLEY DR BEDFORD, TX 76021 CU23_08_042123_111050AM Labels - Count: 14 Page 1 SATHRE FAMILY IRREVOCABLE TRUST 3233 CREIGHTON LN BEDFORD, TX 76021 CU23_08_042123_111050AM Labels - Count: 14 Page 1 WRIGHT CENTURY OAK PROPERTIES LLC 601 W WALL ST GRAPEVINE, TX 76051 CU23_08_042123_111050AM Labels - Count: 14 Page 1 WRIGHT CONSTRUCTION CO INC 601 W WALL ST GRAPEVINE, TX 76051 CU23_08_042123_111050AM Labels - Count: 14 Page 1 WRIGHT RSL PROPERTIES LLC 601 W WALL ST GRAPEVINE, TX 76051 CU23_08_042123_111050AM Labels - Count: 14 Page 1 CU23_08_042123_111050AM Labels - Count: 14 Page 1 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 36004 415011 Print Legal Ad-IPL01205330 - IPL0120533 $250.98 1 108 L CITY OF GRAPEVINE SECRETARY PO BOX 95104 Copy of ad content is on the next page tbrooks@grapevinetexas.gov Tara BrooksAttention:THE STATE OF TEXAS COUNTY OF TARRANT Before me, a Notary Public in and for said County and State, this day personally appeared Stefani Beard, Bid and Legal Coordinator for the Star- Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: 1 insertion(s) published on: 04/30/23 Sworn to and subscribed before me this 1st day of May in the year of 2023 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! Insert File Path 1 Email a PDF of the revised plans by April 21, 2023, at 12:00 p.m. to emarohnic@grapevinetexas.gov/atriplett@grapveinetexas.gov/nlgale@grapevinetexas.gov. Verify that all text is legible on an 11”x 17” sheet. Do not reproduce final copies requested below prior to Planning Staff approval. PROJECT DESCRIPTION: CU23-08; submitted by Ridinger Associates, Inc. for property located at 417 West Wall Street, proposed to be platted as Block 1, Lot 2, Wright Addition. The applicant is requesting a conditional use permit to allow a private school of educational type to operate within the former Mt. H oruhm Baptist Church. The property is zoned “CN”, Neighborhood Commercial District and is owned by Balla C. Wright. This case will be heard by Council and the Commission at their May 16 meeting if all comments are sufficiently addressed prior to notification deadlines for its first reading. The associated BZA request will be heard by the Board on June 5 and then back to Council/Commission on June 20 for its second reading if all comments are sufficiently addressed prior to notification deadlines. PLANNING SERVICES All Sheets in Plan Set • Revise Title Block: o Total square footage and acres of the lot to the proposed 0.88 acres and 38,405 SQ. FT. • Revise the Purpose Statement to the following: o The purpose of conditional use permit CU23-08 is to allow a private school of educational type (Vine Academy) to operate within the former Mt. Horuhm Baptist Church at 417 West Wall Street. • Remove the BZA request from purpose statement. • Correct total building footprint on each sheet. (On the data tables it says 2,915 SF on the drawings it has 2,468 SF). • Add a numeric and graphic scale Dimensional Control Site Plan – Sheet # 1 of 8 CU23-08 APRIL 14, 2023 VINE ACADEMY 417 WEST WALL STREET BLOCK 13, LOT 13E, CITY OF GRAPEVINE Insert File Path 2 • Revise “Wall Street” to “West Wall Street”. • Add label “Existing” to the one-story building and add total square footage of existing building. • Label front entrance. • Revise label on drawing with correct total square footage and acre. • Dimension covered area adjacent to existing one-story building and dimension it to the nearest property line. • Label and dimension all existing refuse containers. • Label and dimension all existing and proposed signs and dimension to the nearest property line. • Dimension the height of the existing concrete retaining wall on the west side of the property. • Label existing 6’ fence adjacent to the west and south side of the property. • Revise table to show the correct total acres and square footage of lot and include additional information to the Site Data Table below: Site Plan Data Summary Table Item Required Provided General Site data Zoning (from zoning map) CN CN Land Use (from Zoning Ordinance; include all applicable uses) Neighborhood Commercial Neighborhood Commercial Total Lot Area (square feet and acres) 20,000 SQFT 38,405 SQFT First Floor-Building Footprint Area (square feet) NA 2,519 SQFT Total Building Area (square feet) NA 2,519 SQFT Building Height (feet/# stories) 35 FT 19’ 4”/ 1 Story Floor Area Ration (Ration x.xx.1) 0.20 or 20% 2,519 SQFT/ 6% Area Regulations Front Yard 25 FT 25 FT Rear Yard 25 FT min. 25 FT Side Yard 10 FT min. 10 FT Lot Width 125 FT min. 223.9 FT Lot Depth 150 FT min. 191.3 FT Distance Between Buildings 20 FT min. NA Impervious Area Building Footprint Area (square feet) NA 2,519 SQFT Area of Sidewalks, Pavement & other Impervious Flatwork (square feet) SQFT/ 80% SQFT Total Open Space (square feet and percentage) 7,681 SQFT/ 20% min. SQFT/ % Insert File Path 3 Total Impervious Area (square feet and percentage) 30,724 SQFT/ 80% max. SQFT/ % Parking Parking Ratio (from Zoning Ordinance) 1/20 students 10 Accessible Parking (# of spaces) Landscape Plan – Sheet # 2 of 8 (LP-1) NOTE: Light fixtures excluding accent lighting of architectural building features and lighting of public art or public monuments shall be mounted no higher than the highest point of the primary structure on the property. In no case shall light poles be greater than 30 feet in height. • Label and show the 4,362 SF Right-of-Way dedication on the drawing. • Revise “Wall Street” to “West Wall Street”. • Revise the Signature block with the correct number of total pages from 7 to 8. • Label and dimension all existing refuse containers. • Label and dimension all existing and proposed signs and dimension to the nearest property line. • Dimension the height of the existing concrete retaining wall on the west side of the property. • Add tree list with legend depicting the existing. • Correct the total square footage on drawing. • Revise Landscape Plan Data Summary Table o Total site area is 38,405 SF o Fill out the rest of the table accordingly based on the total site area and what is on the landscape plan. Landscape Plan Data Summary Table Item Required Proposed Landscape Area Landscape Perimeter Area (square feet) 9,400 SF 5,932 SF Interior Landscape Area-Parking Lot Landscaping (square feet) 1,612 SF 8,689 SF Additional Interior Landscape Area 0 0 Other Landscape Area within the lot (square feet) 0 0 Total Landscape Area 11,012 SF 20,616 SF Impervious Area Building Footprint Area (square feet) N/A 2,915 SF Insert File Path 4 Area of Sidewalks, Pavement & other Impervious Flatwork (square feet) 16,126 SF Other Impervious Area 0 0 Total Open Space (square feet and percentage) 7,681 SQFT/ 20% min. Total Impervious Area (square feet and percentage) 30,724 SQFT/ 80% max. Floor Plan – Sheet # 4 of 8 • Add square footage to each room. • Provide an interior floor plan and show the location of the rooms proposed to be utilized for educational purposes. Building Elevations – Sheet # 5of 8 • Remove the note: “All dimensions are approximate. Verify dimensions in Field.” • Measurement scale is not correct. Revise the scale or the measurements on the building elevations. • Add a numerical and graphic scale. PUBLIC WORKS Contact Paul Lee - Civil Engineer, Elizabeth Reynold EIT or Cristin Turner (Platting) – Civil Engineer at 817.410.3136 for the following comments: • Right-of-Way dedicated on all plans and a utility easement. • Curb, gutter, and sidewalk fees required. • Off site easements will be required for Sanitary sewer • Reconstruction of gravel driveway will not be permitted BUILDING SERVICES Contact Larry Gray – Building Official at 817.410.3165 or lgray@grapevinetexas.gov to discuss the following: • Sheet 4; label all rooms with intended uses. FIRE MARSHALL Contact Bryan Parker - Fire Marshal at 817.410.4420 or bparker@grapevinetexas.gov for the following comments: Insert File Path 5 • No comments. PARKS Contact Kathy Nelson – Capital Improvements Program Manager at 817.410.3394 or knelson@grapevinetexas.gov to discuss the following: • No comments. ____________________________________________________________________ Email a PDF of the revised final plans by April 21, 2023, at 12:00 p.m. to emarohnic@grapevinetexas.gov/atriplett@grapveinetexas.gov/nlgale@grapevinetexas.gov. Verify that all text is legible on an 11”x 17” sheet. Do not reproduce final copies requested below prior to Planning Staff approval. Please direct all questions to Erica Marohnic at (8l7) 410-3155 or Albert Triplett at (817) 410-3151. Insert File Path 1 Email a PDF of the revised plans by May 5, 2023, at 12:00 p.m. to emarohnic@grapevinetexas.gov/atriplett@grapveinetexas.gov/nlgale@grapevinetexas.gov. Verify that all text is legible on an 11”x 17” sheet. Do not reproduce final copies requested below prior to Planning Staff approval. PROJECT DESCRIPTION: CU23-08; submitted by Ridinger Associates, Inc. for property located at 417 West Wall Street, proposed to be platted as Block 1, Lot 2, Wright Addition. The applicant is requesting a conditional use permit to allow a private school of educational type to operate within the former Mt. H oruhm Baptist Church. The property is zoned “CN”, Neighborhood Commercial District and is owned by Balla C. Wright. This case will be heard by Council and the Commission at their May 16 meeting if all comments are sufficiently addressed prior to notification deadlines for its first reading. The associated BZA request will be heard by the Board on June 5 and then back to Council/Commission on June 20 for its second reading if all comments are sufficiently addressed prior to notification deadlines. PLANNING SERVICES NEW NOTE: PLEASE REMOVE SHEET 3 (DEMO FLOOR PLAN) AND SHEETS 6-8 (PRELIMINARY ENGINEERING) FROM PLAN SET. All Sheets in Plan Set • Addressed Revise Title Block: o Total square footage and acres of the lot to the proposed 0.938 acres and 40,839 SQFT. • Addressed Revise the Purpose Statement to the following: o The purpose of conditional use permit CU23-08 is to allow a private school of educational type (Vine Academy) to operate within the former Mt. Horum Baptist Church at 417 West Wall Street. • Addressed Remove the BZA request from purpose statement. • Addressed Correct total building footprint on each sheet. (On the data tables it says 2,519 SF on the drawings it has 2,468 SF). • Addressed Add a numeric and graphic scale CU23-08 APRIL 27, 2023 VINE ACADEMY 417 WEST WALL STREET BLOCK 13, LOT 13E, CITY OF GRAPEVINE Insert File Path 2 Dimensional Control Site Plan – Sheet # 1 of 8 • NEW NOTE: Add a numeric scale under the graphic scale on sheet 1. • Addressed Revise “Wall Street” to “West Wall Street”. • Addressed Add label “Existing” to the one-story building and add total square footage of existing building. • Addressed Label front entrance. • Addressed Revise label on drawing with correct total square footage and acre. • Addressed Dimension covered area adjacent to existing one-story building and dimension it to the nearest property line. • Addressed Label and dimension all existing refuse containers. • Addressed Label and dimension all existing and proposed signs and dimension to the nearest property line. • Addressed Dimension the height of the existing concrete retaining wall on the west side of the property. • Addressed Label existing 6’ fence adjacent to the west and south side of the property. • Addressed Revise table to show the correct total acres and square footage of lot and include additional information to the Site Data Table below: Site Plan Data Summary Table Item Required Provided General Site data Zoning (from zoning map) CN CN Land Use (from Zoning Ordinance; include all applicable uses) Neighborhood Commercial Neighborhood Commercial Total Lot Area (square feet and acres) 20,000 SQFT 40,839 SQFT First Floor-Building Footprint Area (square feet) NA 2,519 SQFT Total Building Area (square feet) NA 2,519 SQFT Building Height (feet/# stories) 35 FT 19’ 4”/ 1 Story Floor Area Ration (Ration x.xx.1) 0.20 or 20% 2,519 SQFT/ 6% Area Regulations Front Yard 25 FT 25 FT Rear Yard 25 FT min. 25 FT Side Yard 10 FT min. 10 FT Lot Width 125 FT min. 239.37 FT Lot Depth 150 FT min. 174.02 FT (avg) Distance Between Buildings 20 FT min. NA Insert File Path 3 Impervious Area Building Footprint Area (square feet) NA 2,519 SQFT Area of Sidewalks, Pavement & other Impervious Flatwork (square feet) SQFT/ 80% 18,248 SQFT Total Open Space (square feet and percentage) 8,168 SQFT/ 20% min. 20,072 SQFT/ 49.1% Total Impervious Area (square feet and percentage) 32,671 SQFT/ 80% max. 20,767 SQFT/ 50.9% Parking Parking Ratio (from Zoning Ordinance) 1/20 students 9 Accessible Parking (# of spaces) 1 1 Landscape Plan – Sheet # 2 of 8 (LP-1) NOTE: Light fixtures excluding accent lighting of architectural building features and lighting of public art or public monuments shall be mounted no higher than the highest point of the primary structure on the property. In no case shall light poles be greater than 30 feet in height. • Addressed Label and show the 4,362 SF Right-of-Way dedication on the drawing. • Addressed Revise “Wall Street” to “West Wall Street”. • Addressed Revise the Signature block with the correct number of total pages from 7 to 8. • Addressed Label and dimension all existing refuse containers. • Addressed Dimension the height of the existing concrete retaining wall on the west side of the property. • Partially Addressed: Dimension not legible. Revise call out of dimension to the nearest property line so that it is legible on 11 X 17. Label and dimension all existing and proposed signs and dimension to the nearest property line. • New Note: Add shrubs to the east perimeter landscaping to screen vehicular use area from adjacent property- depict on both landscape drawing and add shrub symbol and label to tree legend. • New Note: The existing site is required to have 2 more perimeter trees added to the landscaping. Please pick out 2 new 3” trees from the approved tree list and depict on landscape drawing and add to landscape tree legend table. • Revise Tree list with legend depicting the existing. o Add total number of existing trees and total of proposed trees to table. o Revise Tree legend to show:  7 Existing Live Oak trees  6 Existing Hackberry trees  2 proposed new 3” trees from the approved tree list (attached)  Add shrub label and symbol to tree legend • Addressed Correct the total square footage on drawing. • Revise: Landscape Plan Data Summary Table o Addressed Total site area is 40,839 SF Insert File Path 4 o Addressed Fill out the rest of the table accordingly based on the total site area and what is on the landscape plan. o Revise: Remove the Landscape Legend. o Revise the following:  Take out the word “sidewalks” under the impervious area  Add the Required total impervious area “32,671 SF/ 80%” Landscape Plan Data Summary Table Item Required Proposed Landscape Area Landscape Perimeter Area (square feet) 8,711 SF 6,109 SF Interior Landscape Area-Parking Lot Landscaping (square feet) 1,825 SF 3,283 SF Additional Interior Landscape Area 10,091 SF Other Landscape Area within the lot (square feet) Total Landscape Area 10,536 SF 19,483 SF Impervious Area Building Footprint Area (square feet) N/A 2,519 SF Area of Sidewalks, Pavement & other Impervious Flatwork (square feet) 18,248 SF Other Impervious Area 0 0 Total Open Space (square feet and percentage) 8,168 SQFT/ 20% min. 20,767 SF/ 49.1% Total Impervious Area (square feet and percentage) 32,671 SQFT/ 80% max. 20,767 SF/ 50.9% Floor Plan – Sheet # 4 of 8 • Addressed Add square footage to each room. • Addressed Provide an interior floor plan and show the location of the rooms proposed to be utilized for educational purposes. • New Note: Call me to clear up some questions regarding the graphic scale. Revise the graphic scale to match the ¼” = 1’0 that is called out on sheet 4. Building Elevations – Sheet # 5of 8 Insert File Path 5 • Addressed Remove the note: “All dimensions are approximate. Verify dimensions in Field.” • New Note: Call me to clear up some questions regarding the graphic scale. Measurement scale is not correct. Revise the scale or the measurements on the building elevations. • Addressed Add a numerical and graphic scale. PUBLIC WORKS Contact Paul Lee - Civil Engineer, Elizabeth Reynold EIT or Cristin Turner (Platting) – Civil Engineer at 817.410.3136 for the following comments: • Right-of-Way dedicated on all plans and a utility easement. • Curb, gutter, and sidewalk fees required. • Off site easements will be required for Sanitary sewer • Reconstruction of gravel driveway will not be permitted BUILDING SERVICES Contact Larry Gray – Building Official at 817.410.3165 or lgray@grapevinetexas.gov to discuss the following: • Sheet 4; label all rooms with intended uses. FIRE MARSHALL Contact Bryan Parker - Fire Marshal at 817.410.4420 or bparker@grapevinetexas.gov for the following comments: • No comments. PARKS Contact Kathy Nelson – Capital Improvements Program Manager at 817.410.3394 or knelson@grapevinetexas.gov to discuss the following: • No comments. ____________________________________________________________________ Email a PDF of the revised final plans by May 5, 2023, at 12:00 p.m. to emarohnic@grapevinetexas.gov/atriplett@grapveinetexas.gov/nlgale@grapevinetexas.gov. Verify that all text is legible on an 11”x 17” sheet. Do not reproduce final copies requested below prior to Planning Staff approval. Please direct all questions to Erica Marohnic at (8l7) 410-3155 or Albert Triplett at (817) 410-3151. TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, DIRECTOR OF PLANNING SERVICES MEETING DATE: MAY 16, 2023 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU23-08, VINE ACADEMY APPLICANT: Vine Academy PROPERTY LOCATION AND SIZE: The subject property is located at 417 West Wall Street and is proposed to be platted as Block 1, Lot 2, Wright Addition. The site contains 0.938 acre and has approximately 210.86 feet of frontage along West Wall Street. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to allow a private school of educational type to operate within the former Mt. Horum Baptist Church located at 417 West Wall Street. The applicant is requesting to operate a private or non-profit institution of an educational type within the former church property, which is currently operated as an office building. The small school will accommodate 20 to 25 students and two teachers (guides) within the existing 2,519 square foot building. The hours of operation would be 8:30 a.m. to 3:00 p.m., Monday through Friday with no afterschool programs or services. If approved, this will be the first reading of an ordinance given the subject site requires approval of a special exception to allow vehicle parking within the required front yard adjacent to the north property line as a result of a 4,888 square foot right-of-way dedication and to allow exceptions to Section 53, Landscaping Regulations. These items will be heard before the Board of Zoning Adjustment at their June 5, 2023 meeting. If approved by the Board, the second reading will take place at Council’s June 20, 2023 meeting. CU23-08.4 2 PRESENT ZONING AND USE: The property is currently zoned “CN”, Neighborhood Commercial District. The subject site is developed as a free-standing commercial building. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and surrounding areas were rezoned in the 1984 City-wide Rezoning, from an “R-2”, Two Family District to the “CN”, Neighborhood Commercial District. • Mount Horum Church was established in 1907 and moved to subject site in 1953. • On June 28, 2006, HL06-04 (Ord. 2007-12) was a request withdrawn from the Historic Preservation Commission to designate Mount Horum Church at 417 West Wall Street as a Historic Landmark Designation. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: “HC”, Highway Commercial District – Je’Cy Beauty Salon, Orosco’s Tailors, and Regional Storage & Lock SOUTH: “GU”, Governmental Use District and “R-7.5”, Single-Family District – Grapevine Housing Authority and parking lot used for Wright Construction. EAST: “PO”, Professional Office District – Grapevine Birthing Center and Computer Staff, Inc. WEST: “LI”, Light Industrial District – Wright Construction Co, Inc. AIRPORT IMPACT: The subject tract is not located within any of the noise zones as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. MASTER PLAN APPLICATION: Map 2: Land Use Plan of the Comprehensive Master Plan designates the subject property as Commercial Low Intensity (LC) future land use. The applicant’s proposal is compliant with the Master Plan. THOROUGHFARE PLAN APPLICATION: The City of Grapevine Thoroughfare Plan designates West Wall Street as a Type E, Collector with a minimum 65-foot right-of-way developed as two lanes with 11-foot travel lane width. /ng ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT CU23-08 TO ALLOW A PRIVATE SCHOOL OF EDUCATIONAL TYPE, FOR BLOCK 1, LOT 2, WRIGHT ADDITION (417 WEST WALL STREET) IN A DISTRICT ZONED “CN”, NEIGHBORHOOD COMMERCIAL ZONING 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 Ordinance No. 2023-__ 2 CU23-08 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: 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 Ordinance No. 2023-__ 3 CU23-08 of Grapevine, Texas, same being also known as Appendix “D” of the City Code, by granting Conditional Use Permit CU23-08 to allow for a private school of educational type in a district zoned “CN”, Neighborhood Commercial District within the following described property: Block 1, Lot 2, Wright Addition (417 West Wall Street) all in accordance with a site plan approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit “A”, and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the following: None. Section 2. That the City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein conditional use permit. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to secure safely from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions 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 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. Ordinance No. 2023-__ 4 CU23-08 Section 8. That this ordinance shall become effective from and after the date of its final passage. FIRST READING PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of May, 2023. APPROVED: ________________________________ William D. Tate Mayor ATTEST: _________________________________ Tara Brooks City Secretary APPROVED AS TO FORM: _________________________________ Matthew C.G. Boyle City Attorney