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HomeMy WebLinkAboutCU2024-10ORDINANCE NO. 2024-027 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ISSUING CONDITIONAL USE PERMIT CU24-10 TO AMEND THE PREVIOUSLY APPROVED SITE PLAN OF CU09-47 (ORDINANCE NO. 2010-003) TO ESTABLISH A PLANNED INDUSTRIAL PARK. THIS REQUEST IS SPECIFICALLY TO ALLOW FOR THE APPLICATION / INSTALLATION OF PAINT PROTECTION FILM AND WINDOW FILM (WINDOW TINTING) IN CONJUNCTION WITH A PROPOSED BUSINESS, FOR LOT 1 R1, DFW INDUSTRIAL PARK, PHASE 3 (1702 MINTERS CHAPEL ROAD, SUITE 112) IN A DISTRICT ZONED "LI", LIGHT INDUSTRIAL, ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a conditional use permit by making applications for same with the Planning and Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent property from flood or water damages, noise producing elements, and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting, and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine, Texas, did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS, the City Council further considered among other things the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and encourage the most appropriate use of land throughout this City; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is a public necessity for the granting of this conditional use permit, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that the conditional use permit lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, prevents the overcrowding of land, avoids undue concentration of population, facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this conditional use permit and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified and, therefore, feels that the issuance of this conditional use permit for the particular piece of property is needed, is called for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this community. Ordinance No. 2024-027 2 CU24-10 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 CU24-10 to amend the previously site plan of CU09-47 (Ordinance No. 2010-03) to establish a planned industrial park. This request is specifically to allow for the application / installation of paint protection film and window film (window tinting) in conjunction with a proposed business, for Lot 1 R1, DFW Industrial Park, Phase 3 Addition, (1702 Minters Chapel Road, Suite 112), in a District zoned "LI", Light Industrial, 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 Ordinance No. 2024-027 3 CU24-10 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 19th day of March, 2024. APPROVED. - William D. Tate Mayor ATTEST: Tara Brooks City Secretary 01 ' U m APPROVED AS TO FORM: 7A(v7.k Matthew C.G. Boyle City Attorney Ordinance No. 2024-027 4 CU24-10 E. STATE HWY. NO. 114 HE, 11IP- 1111 "IEllF , ue aHA. E s 589' 34' 57" E 610 n0E eI 4 ri E1 - 1 4- 111aL, 1, E I 4- o IFI pl .,- 11: P 17OZ NINTERs CHAREL ROAD - a LI. HT wol, TaLL I uxT IlluusTCl- L SR9'. . Nl S" F 4on OD L ^ o' s N89' 53' 13" IN L( ID On' TL IT 111 r, u. HT IIIC IISTFI" L rz` IiBy I I uFr s Ill III DEL I Ili T Ilo L_ oF n, ITv HF III IIT 5 PORT AMERICA PLACE F3' F] WI imm CASE NANE. OPW INOVSIRIAL PARK, PHA5E III, LOT 1RI CASE NUNBER: CU26- 1I LOCAOON 1702 NINTER5 CHAPEL ROAR CHNRNAN ARE: SHEET I OF 2 APPROVAL Ill NOT AUTIIXOZE ANY WIK IN CONRICT " 1 11 C001 OR ORDINNNCES PLANNING SERNCES O ARTNENT 11, TEL - - LITFIT THDIT11111L P - PPEP. 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Crawley PROPERTY LOCATION AND SIZE: The subject property is located at 1702 Minters Chapel Road, #112 and is platted as Lot 1R1, DFW Industrial Park, Phase 3 Addition. The addition contains 1.90 acres and has approximately 205 feet of frontage along Minters Chapel Road. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the previously approved site plan CU09-47 (Ord. 2010-03) to establish a planned industrial park. This request is specifically to allow for the application / installation of paint protection film and window film (window tinting) in conjunction with a proposed business. The applicant intends to utilize a 7,285 square foot lease space on the subject property, for the application of paint protection film and window film. Paint protection film is applied to painted surfaces of new automobiles to protect the paint. Window film (tinting) is applied to automobile glass to reduce ultraviolent rays and heat transfer. Required parking for the entire office-warehouse complex is 94 parking spaces; 98 parking spaces are provided. CU24-10.4 2 PRESENT ZONING AND USE: The property is currently zoned “LI”, Light Industrial District and is developed with one office-warehouse structure. HISTORY OF TRACT AND SURROUNDING AREA: The subject site was zoned “I-1”, Light Industrial District prior to the 1984 City-wide Rezoning at which time the subject site was rezoned to “LI”, Light Industrial District. On February 16, 2010, City Council approved conditional use request, CU09-47 (Ord. 2010-03) for a planned industrial park to include Lots1R1 an 1R2, DFW Industrial Park, Phase 3 Addition. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: “LI”, Light Industrial District – undeveloped SOUTH: “LI”, Light Industrial District – office warehouse, Apex Group EAST: DFW International Airport property WEST: “LI”, Light Industrial District – office warehouse, Master Pumps and Power AIRPORT IMPACT: The subject tract is located within "Zone B" zone of middle effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. In Zone B, the following uses may be considered only if sound treatment is included in building design: multi family apartments, motels, office buildings, movie theaters, restaurants, and 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 this noise zone. MASTER PLAN APPLICATION: Map 2: Land Use Plan of the Comprehensive Master Plan designates the subject property as an Industrial/Commercial (I/C) land use. The applicant’s proposal is compliant with the Master Plan. THOROUGHFARE PLAN APPLICATION: The City of Grapevine’s Thoroughfare Plan does not designate Minters Chapel Road south of East State Highway 114 as a local thoroughfare. /at CU24-10 First Review Memo Email a PDF of the revised plans by February 26, 2024 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: CU24 -10; a conditional use permit to amend the previously approved site plan CU2009-47 (Ord. 2010-03) to establish a planned commercial industrial park. This request is specifically to allow for an automotive film application and window tinting business PLANNING SERVICES All Sheets in Plan Set • Seal all sheets. • Add the following note: o On August 1, 1994, the Board of Zoning Adjustment approved BZA94-25 to allow a special exception on the subject site. Section 43.E.3, Nonconforming Use and Structures, to allow the existing building and parking lots to remain as developed. • Add the following note for the request: o Conditional use request CU24-10 is a request to amend CU2009-47 Ord. 2010-03) to establish a planned business park. This request is specifically to allow for the application/instal lation of paint protection film and window film (window tinting) use in the “LI” Light Industrial District. Master Site Plan – Sheet 1 of 2# • For the remaining tenants, please provide a schedule including uses, square footage, and required/provided parking. Dimensional Control Site Plan/Landscape Plan/Floor Plan – Sheet 2 of 2# • Provide a focused dimensioned floor plan on this sheet, including the use and square footage within the subject space (the information needs to legible on a11” x 17” sheet). o For the remaining tenants, please provide a schedule including uses, square footage, and required/provided parking. • Add Title Block and Signature Block as shown below and per site plan checklist. CU24-10 FEBRUARY 19, 2024 AUTOMOTIVE FILM APPLICATION FACILITY 1702 MINTERS CHAPEL ROAD DFW IND PARK PHASE 3 ADDN, LOT 1R1 CU24-10 First Review Memo • The abstract and survey are, W M Bradford, A-131. • Use the address for the location. • Number sheets1 of 2, 2 of 2. Building Elevations – Sheet # • Not required • Photometric Plan – Sheet # • Not required Speaker Plan – Sheet # • Not required CU24-10 First Review Memo NOTE: See Section 55. Performance Standards • Show and label all proposed outdoor speakers. Dimension distance from speakers to closest property line. If adjacent to residential, show direction of speaker face and add table depicting maximum sound level (dBA) and hours speakers will be operating. See above table for maximum permissible sound levels. PUBLIC WORKS Contact Paul Lee - Civil Engineer, Elizabeth Reynold Civil Engineer or Cristin Turner (Platting) – Civil Engineer at 817.410.3136 for the following comments: • None BUILDING SERVICES Contact Larry Gray – Building Official at 817.410.3165 or lgray@grapevinetexas.gov to discuss the following: • None FIRE MARSHALL Contact Bryan Parker - Fire Marshal at 817.410.4420 or bparker@grapevinetexas.gov for the following comments: • None PARKS Contact Kathy Nelson – Capital Improvements Program Manager at 817.410.3394 or knelson@grapevinetexas.gov to discuss the following: • None ___________________________________________________________________ Email a PDF of the revised final plans by February 24, 2024, at 12:00 p.m. to atriplett@grapveinetexas.gov and 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. One (1) blackline of each sheet (24” x 36”) Twenty-five (250) reduced sorted (collated sets) copies at 11" x 17" stapled and z-folded (fold the right edge to the left edge and then fold the right edge in half to form a z- fold). Please direct all questions to or Albert Triplett or Natasha Gale at (817) 410-3155. FILE #CU24-10 AUTOMOTIVE FILM APPLICATION FACILITY 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: CU24-10; Automotive Film Application Facility Applicant: Masterplan Location: 1702 Minters Chapel Road Current Zoning: “LI”, Light Industrial District Purpose of Request: The public hearing is to consider an application submitted by Masterplan for property located at 1702 Minters Chapel Road, platted as Lot 1R1, DFW Industrial Park Phase 3 Addition. The applicant is requesting a conditional use permit to amend the previously approved site plan CU09- 47 (Ord. 2010-03) to establish a planned business park. This request is specifically to allow for an application/ installation of paint protection film and window film (window tinting) business. 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, MARCH 19, 2024 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 #CU24-10 AUTOMOTIVE FILM APPLICATION FACILITY WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, MARCH 18, 2024. 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: _________________ Direct questions, mail, and email responses to: Telephone: (817) 410-3155 Email: planning@grapevinetexas.gov Planning and Zoning Commission Department of Planning Services City of Grapevine 200 S. Main Street Grapevine, TX 76051 1.90 @ 6.972 @ 4.6114 @ .915 @ 1.615 @ E STATE HWY 114 B3 1R1 2 B2 C 1R2 1.70 @ .8938 @ 2ADFW IND PARK PH 5 9087H DFW IN D PARK 9085 DFW INDUS T R I A L PARK PHASE I I I 9087 LI PCD E SH 114 FR WB E SH 114 FR EB MI N T E R S C H A P E L R D E SH 114 EB E SH 114 EB ENT ER M A I N E S H 1 1 4 T O L L E B E SH 114 TOL L W B E SH 114 W B CU24-10; Automotive Film Application Facility 1702 Minters Chapel Road 0 80 160 240 320 Feet ² Date Prepared: 3/5/2024 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 AMB DFW LOGISTICS CENTER LLC 6250 N RIVER RD ROSEMONT, IL 60018 CU24_10_030524_034823PM Labels - Label Count: 8 | Total Record Count 8 Page 1 B9 SEQUOIA PORT AMERICA OWNER LP 345 PARK AVE NEW YORK, NY 10154 CU24_10_030524_034823PM Labels - Label Count: 8 | Total Record Count 8 Page 1 CITY OF AIRPORT FORT WORTH 1000 THROCKMORTON ST FORT WORTH, TX 76102 CU24_10_030524_034823PM Labels - Label Count: 8 | Total Record Count 8 Page 1 CLEAR CHANNEL OUTDOOR LLC 4830 N LOOP 1604 W SUITE 111 SAN ANTONIO, TX 78249 CU24_10_030524_034823PM Labels - Label Count: 8 | Total Record Count 8 Page 1 GRUBBS REALTY HOLDINGS 1 LLC 1500 E STATE HWY 114 GRAPEVINE, TX 76092 CU24_10_030524_034823PM Labels - Label Count: 8 | Total Record Count 8 Page 1 KNOPF FAMILY TWO LTD PTRNSHP 13345 PEYTON DR DALLAS, TX 75240 CU24_10_030524_034823PM Labels - Label Count: 8 | Total Record Count 8 Page 1 MINTERS CHAPEL 121 LLC 4849 KELLER SPRINGS RD ADDISON, TX 75001 CU24_10_030524_034823PM Labels - Label Count: 8 | Total Record Count 8 Page 1 PS BUSINESS PARKS LP 701 WESTERN AVE GLENDALE, CA 91201 CU24_10_030524_034823PM Labels - Label Count: 8 | Total Record Count 8 Page 1 CU24_10_030524_034823PM Labels - Label Count: 8 | Total Record Count 8 Page 1 CU24-10 AUTOMOTIVE FILM APPLICATION FACILITY PROPERTY OWNERS WITHIN THE 200 FOOT NOTIFICATION AREA Official Notification Letters Received Back COMMENTS: 1 SUPPORT: 0 OPPOSITION: 0 PROPERTY OWNERS OUTSIDE THE 200 FOOT NOTIFICATION AREA OPPOSITION: 1 From: To:Planning Services Subject:Fwd: Protest of Conditional Use Permit Application CU24-10 Date:Tuesday, March 19, 2024 2:38:07 PM Attachments:Screen Shot 2024-03-18 at 4.58.52 PM.png *** EXTERNAL EMAIL COMMUNICATION - PLEASE USE CAUTION BEFORE CLICKING LINKS AND/OR OPENING ATTACHMENTS *** ---------- Forwarded message --------- From: American Tinters Date: Mon, Mar 18, 2024 at 5:53 PM Subject: Protest of Conditional Use Permit Application CU24-10 To: <planning@grapevine.com> Hello Lindsey. Please accept this email as formal protest / objection of application for conditional use permit CU24-10.(see attached). The applicant,Karl Crawley with Masterplan, is fronting for a company known as Eastman Performance Films. Eastman Performance Films is a manufacturer and distributor of Llumar Window Films. In 2020, my business, American Tinters LLC entered into a dealership agreement with, and paid a substantial fee to, Eastman Performance Films that protects us from other Llumar product competition within a 5 mile radius of my shop at 1201 Minters Chapel Rd, #302 Grapevine 76051. Eastman is applying for CU at 1702 Minters Chapel Rd, #112. As the proximity of this proposed new shop is 1.9 miles from my shop,(see attached map). If they (Eastman) open a facility that offers products in competition with American Tinters LLC, they will be in clear violation of our dealership agreement, and may potentially be subject to further action above and beyond this protest. For these reasons we request that application for Conditional Use Permit be denied. Sincerely, Steve Watts American Tinters LLC AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 36004 526742 Print Legal Ad-IPL01623940 - IPL0162394 $142.20 2 59 L lcarey@grapevinetexas.gov Tara BrooksAttention: Lindsay Carey 200 S. Main St. Grapevine, Texas 76051 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: 03/03/24 Sworn to and subscribed before me this 4th day of March in the year of 2024 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!