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Item 03 - CU03-38 and SU03-05 Opryland Hotel
CC ITEM 0- p�Z14� TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGERA/ H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICESf MEETING DATE: OCTOBER 21, 2003 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU03-38 AND SPECAIL USE APPLICATION SU03-05 .t I I 1 I r Grapevine D dV�a Lake CD APPLICANT: David Breeding I 1 I I 1 I r� I.H. 1635 Northwest � i d PROPERTY LOCATION AND SIZE: R �' The subject property is located at 1501 Gaylord Trail 1 Sy DFW ; I and is platted as Lot 1, Block 1, Opryland Addition. HaIlJchnsor 3s� Airport a i The property contains approximately 52.254 acres. 1 m I I t ----v `o I m Glade Rd. I— C 3 REQUESTED CONDITIONAL USE, SPECIAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the previously approved site plan of CU03-15 (Ord 2003-34) for a planned commercial center with the possession storage retail -sale and on -premise consumption of alcoholic beverages (beer wine and mixed drinks) in conjunction with a hotel and convention center specifically to allow for minor site modifications The applicant is also reguestina a special use permit to allow for a helistop_ The applicant intends to make a number of minor site modifications to the site which includes 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 0:2CU\CU03-38.4 & SU03-05.4 1 October 13, 2003 (1:48PM) 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 the applicant intends to provide 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 they arise. PRESENT ZONING AND USE: The subject property is currently zoned "PCD" Planned Commerce Development District and is under development as the Gaylord Opryland Texas Hotel and Convention Center. 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 (CUO 1 -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 (Ord. 2003-34) was approved at the May 20, 2003 meeting and allowed for a revised floor plan for the restaurant located at the "Point" area at the'Opryland hotel site and allowed for a masonry screening wall along the western edge of the property up to the point area to the north of the hotel. 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— 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. 0AZCU\CU03-38.4 & SU03-05.4 2 October 13, 2003 (1:48PM) 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. The Thoroughfare Plan designates Ruth Wall as a Type E Collector with a minimum 75 - foot right-of-way developed as four lanes. Gaylord Trail is not a thoroughfare as shown on the City of Grapevine's Thoroughfare Plan. /rs OAZCU\CU03-38A & SU03-05.4 3 October 13, 2003 (1:48PM) �0 33 t F,r c, Z ?003 ? LkN I N T CITY OF GRAPEVINE t CONDITIONAL USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION Name of applicant geItoca"Ov Street address applicant gent: 'G City / State I Zip/de/�ofj/ppli an agent: r f /.7 i �47�G►� ��` Telephone umber of applicant 1 ag nt: � e �6 _ I Fax number of applicant / agent: hie— 3/0 -� Applicant's interest in subje t pry PART 2. PROPERTY INFORMATION Street a ress of ubject any Legal descfiption of subject property (metes & b nos must be described on 8 112'x 11"sheet) Size of subject property 0910 Ane 1 • / Acres `°74P Square footage Prese t zoning classification: Propose se of the property: 4!-4v— &Q-flmr-�)C4 Minimum/ m ximum district size for conditional use request: Zoning 6rdinance pro✓ ion requiring a co lit' nal us 1 17 A) JriCiJ* PART 3. PROPERTY OWNER INFORMATION Name of current property owner: Street address of property owner: City / State / Zi ode of pronoak owner: Telephone number of property owner: �✓ J J146 Fax number of property owner: WY00 Submit a letter describing the proposed conditional use and note the request on the site plan document ZI 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. :1 Application of site plan approval (Section 47, see attached Form 'B). Z) The site plan submission shall meet the requirements of Section 47, Site Plan Requirements, and Section 45.E. 2 . �. r 1 V P SEP 0 5 2003 ❑ All conditional use and conditional use applications are assumed to be complete when filed and will be placed on the agenda for ubiic hearing at the discretion of the staff. Based on the size of the agenda, your application maybe scheduled to a later date.D LAN N I N ❑ All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings'may be continued o 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. ❑ 1 have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowledge that all requirements of this application have been met at the time of submittal. PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE REQUEST SIGN ON THE SUBJECT PROPERTY Print Applicant's Name: A plicant's Signature: J The State Of1C Q S County Of r#1 _ Before Me C r f a e r S on this day personally appeared �.�tll !� 111 • 1r'f Cf� 11 _ (nota ) (applicant) J 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 consi�Auf� tion therein expressed. (Seal) Given under my hand and seal of office this Z-7 day of_ A.D. ZDd 3 E SHERRY L RWG ERS J� YCOMMISSION EXPIRES i1 2(�i6 Notary to And For St Of Texas pkvt D M Print Property Owners Name: Property Owner's Signature: The State Of 7CKt,S County Of r Before Me Y 1r 0 on this day personally appeared L Gt,01 d it 4 (notary)) (property owner) S� known to me (orprovedto 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 conZIkL- ion therein expressed. tSeai) Given under my hand and seal of office this V day of " _, A.D. 2OD3 SjA�P SHERRYLRODGERS MY COMMISSION EXPIRES Notary In And For St Of Texas = _. June 11, 2006 SEP 0 b 2003 ACKNOWLEDGEMENT All Conditional Use and Special Use Applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes to a site plan (no matter how minor or major) approved with a conditional use or a special use permit can only be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. If after said period of four months an application has not been scheduled before the Commission and Council said application shall be considered withdrawn, with forfeiture of all filing fees. The application, along with the required filing fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four month period. I have read and understand all of the requirements as set forth by the application for conditional use or special use permit and acknowledge that all requirements of this application have been met at the time of submittal. Signature of Applicant Date: OV-2'� -o� Signature of Owner Date: h- D - � 6 NB6 HNEDAK BOBO GROUP Architecture Interiors 09/03/03 Memorandum To: Ron Stombaugh, City of Garpevine From: Palmer Bartlett Re: Gaylord Opryland, Texas Project A98.0032.04 No.: Ron, Attached please find the CUP "clean-up" submittal for the above referenced project. Items addressed include: 1) Revised building height at 165' vs. 160'. 2) Final design for the stone wall and landscaping at the Highway #26 entrance SEPT+ �LYbNNING 3) Identification of the Outdoor Dining area at the Old Hickory Restaurant at the vineyards. 4) Relocation of the landscaping at the rear of the Convention Center to the Ruth Wall side of the stone retaining wall. Per reviews with COG building officials the landscaping planned at the rear of the convention center was relocated from the convention center side of the stone retaining wall ( where it would be invisible from Ruth Wall due to grade differences) to the Ruth Wall side of the retaining wall providing much enhanced landscape screening along Ruth Wall. 5) Additional landscaping in the Tif #1 median construction at roadway "C" immediately east of Ruth Wall. 6) Addition of Tennis Courts just north of the north parking lot. 7) Addition of a "future" events pavilion and events lawn to include an extension of the jogging trail to these locations. 104 South Front St., Memphis, TN 38103 phone 901.525.2557 fax 901.525.2570 www.hbginc.com HNEDAK BOBO GROUP Architecture Interiors 8) Plans include a typical layout for tents at the events lawn. 9) Extension of the masonry screen wall and chain link fencing (green) at the west property line. 10) Identification of a location for a future Heli -stop, subject to FAA requirements/regulations. It is understood that a special use permit would have to be filed for this facility. Included in the application for this special use permit would be an estimation of the frequency for which this facility would be used. 11) Per Scott Williams request we have also indicated the location of the third emergency generator. Ron if after review additional information/exhibits are required please let me know. Thanks! Palmer Bartlett (901) 577-0533 PC: File 104 South Front St., Memphis, TN 38103 phone 901.525.2557 fax 901.525.2570 www.hbginc.com sGPAPYViNEs SEP 1 6 2003 nf% f, nC T E :� A s CITY OF GRAPEVINE SPECIAL USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION Name of applicant /ent 0. Ord S U d 1SreeJf V - P.Con:54ryc-b-on n ca /t: { Street address ofae �aqjrjDt-I flG City/ State / Zip Coof applicant),agent: !aSkville-T 302I Telephone number of applicant/ agent: b/5— 31�- &gsi Fax number of applicant/ agent &15-3JL- Y Applicant's interest in subject property., y (W PART 2. PROPERTY INFORMATION Street address of subject property Efclulorj 1 2.� 1 EC)0 -I—r; � 1 Legal des 'ption of subject property (metes & bounds must be described on 8 112"x 11"sheet) Y Size of subject property / 5Z ' 2-!34 2 8 ' Z Acres 1Z%b Square footage Present zoning classification: Proposed use of thpro erty. /� ee - 0, TQC. D r Minimum / maximum district size for special use request. 1 N Zoning ordinance provision requiring a special use: 4 11's4010 PART 3. PROPERTY OWNER INFORMATION Name of current property owner. Y N Street address of prorty ner. Uc! Goulord City/ State/ Zip Code of property ovIner ' it 3721 Telephone number of property owner. Fax number of property owner (o ❑ Submit a letter describing the proposed special use and note the request on the site plan document ❑ In the same letter, describe or show on the site plan, and special requirements or conditions imposed upon the particular special use by applicable district regulations (example: buffer yards, distance between users) ❑ In the same letter, describe whether the proposed special 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 special use will add to the value, use or enjoyment of other property in the neighborhood. ❑ Application of site plan approval (Section 47, see attached Form B' . 0 The site plan submission shall meet the requirements of Section 47 Site Plan Requirements. ❑ 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. L3All 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 special use permit can only be approved by city council through the public hearing process. ❑ 1 have read and understand all the requirements as set forth by the appCcation for conditional use or special use permit 4R(Pe+4t all requirements of this application have been met at the time of submittal. PART 4. SIGNATURE TO AUTHORIZE SPECIAL USE REQUEST AND PLACE A SPECIAL USE REQUEST SIGN ON THE SUBJECT PROPERTY Print Applicant's Name: Applicant's Signature: The State Of (�' iC CA S County Of 1 Ci P t Y\+ �� Before Me e irV' S on this day personally appeared t �(! �j� ! TL n tary) (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. (Seat) Given under my hand and seal of office this 7 day of <A.D. SHERRY L.RODGERS MY COMMISSION EXPIRES June 11, 2006 rd S Print PtiDperly Owners Na e: The State Of�1C4 Notary In And For to Of Texas Property Owner's Signature: County Of --T'—ftP2 rt+ A' Before Me _ _ on this day personally appeared t t (property owner) (n tary) 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. (Seal) Given under my hand and seal of once this 1 4 day of <--z-vi • A.D. c;L" - IPA "'AP L' SHERRY L RODGERS MY COMMISSION EXPIRES 4±'° June 11,2046 Notary In And F t to Of Texas RECEIVED SEF 1 8 2003 ME ..... OF.... . 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 an filing fees. The application, along with the required filing fee may be resubmitted any time thereafter for reconsideration. days in scheduling applications before the Planning and Zoning Commission and City ouncil created by city staff shall not be considered a part of the four month period. / have read and understand all of the requirements as set forth by the application for conditional use or special use permit and acknowledge that all requirements of this application have been met at the time of submittal. Signature of Applicant Date: 9-17-10-.9 Signature of Owner Date: ? ` 17 ` 63 NordIMM, 0 Cu. ©3-.� AN ORDINANCE 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 CU03-38 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-34 FOR A PLANNED COMMERCIAL CENTER FOR A HOTEL AND CONFERENCE CENTER FOR MINOR SITE MODIFICATIONS 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 „a 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 ORD. NO. 2 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 No. CU03-38 to amend the site plan approved by Ordinance No. 2003-34 for a planned commercial center with the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in conjunction with a hotel with conference center space (Gaylord Opryland Texas Hotel) to allow for minor site modifications in a district zoned "PCD" Planned Commerce Development District Regulations 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. 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. This ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. ORD. NO. 3 Section 6. That the terms and provisions of this ordinance shall be deemed to be 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. 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. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st day of October, 2003. ATTEST: ORD. NO. 4 �CtC13 -0 �,- AN ORDINANCE ISSUING A SPECIAL USE PERMIT IN ACCORDANCE WITH SECTION 49 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 SPECIAL USE PERMIT SU03-05 TO ALLOW A HELISTOP IN A DISTRICT ZONED "PCD" PLANNED COMMERCE DEVELOPMENT DISTRICT UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 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 SPECIAL 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 special 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 special 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 special 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 49 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, 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 special 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 special 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 special 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 special use permit for the particular piece of property is needed, is called for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety, and welfare of this community. ORD. NO. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City does hereby issue a special use permit in accordance with Section 49 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 Special Use Permit SU03-05 to allow a helistop in a district zoned "PCD" Planned Commerce Development District under City of Grapevine Ordinance No. 82 -73 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 49 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. The City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas to reflect the herein special 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 safety 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. 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 are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. ORD. NO. 3 Section 7. 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 {$2,000.00} and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE on this the 21st day of October, 2003. ATTEST: ORD. NO. 4 bf+. �£9 use NAnm pwdr..,...wc�� I 41ra NDamIDt: c u.r.�awnn. YAYOa a9GRETARV ' DATB I nANNNG ANO ZONING C010"RON r U _ IXARMAN DATr4 I W 60'4LS f AttmovAtnocsNorAtmtoeaaeNreD•r I IND3t>P1.a.TP1r1t AbTOXfrSQI DaDMAND;i [O h Zl 1 y S Pi$gl ,! 3 0£,94.00 S l,y W C', W lF ..r✓ bf+. �£9 use NAnm pwdr..,...wc�� I 41ra NDamIDt: c u.r.�awnn. 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CU01-05 (Ord 01-12) for a planned commercial center with a hold and conference center VIN' ,� i-'�'gr'AV•4 _+4� 'R�'6. 'y:� /`” Y rdi �� s? o �n� a��,�.�`ia d rn:..l.:.'YG4'�'"' . ,A,. {Y • S ��A' „t �' ,C ' ?^b� �' / f3.759_ ..aH'7ti:'.-� • ► t Al \� O T. - =GD 7—r-7 C L/ At 9D HNF,DAK BOBO GRou Architect— Interior. M.. & Associates Cuter & Burgess Edwazd D. Stone, JL,!Associates Walter P. Moore and Assodatu, Inc. CON -TECH VJHWJohnson Haddon Wdizm Glazin�Cons��rants, Inc. =y 14om Associates - Dallas Natural Resources Spa Consulting, Inc. Code Coasoltant Service �Nmmm --=-- I LOCAnON: saaw� PLAWINGANDWHEW CONDUSION CPA� VATM womip=tnafSITY OXODUNM Conditional Use Request CU03- 1501 Gaylord Parkway Lot 1, Block 1, Oprylutd Addition Conditional UseRqoest CU03- is a request to xvise the approved site plan CU01 .05 (Ord. 01-12) for a planned conference ceatcr Ali, Opryland. 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