Loading...
HomeMy WebLinkAboutItem 05 - CU03-09 Grapevine Dodge TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: APRIL 15, 2003 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU03-09 I I I 1 - -;, Grapevine dove Lake y?, APPLICANT: Tim Parra , I I I I > I I.H.4I 35 Northwest PROPERTY LOCATION AND SIZE: The subject property is addressed as 2601 William pFW ; D. Tate Avenue and platted as Lot 1, Block 1, Frank Hail-Johnson ,�� Airport a ; Parra Dodge Addition. The addition contains 15.345 -, T--- o acres. The property has approximately 691 feet of - ID Glade Rd. I frontage along William D. Tate Avenue, m` t I approximately 111.11 feet of frontage along future Prospect Parkway and 226.35 feet of frontage along Stone Myers Parkway. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the previously approved plan of CU01-13 (Ord. 01-46) for an automotive dealership with sales and service of new and used vehicles. specifically to modify the site signage. Conditional Use Request CU01-13 was approved at the April 17, 2001 meeting and allowed for an expansion to the Frank Parra Dodge dealership for the inclusion of a Mitsubishi dealership. Currently the Dodge dealership has one 20-foot pole sign approved along the William D. Tate frontage road. With this request the applicant proposes to replace that sign with a 40-foot pole sign for increased visibility. 0:21CUM03-09.4 April 7,2003(1:35PM) PRESENT ZONING AND USE: The property is current) zoned "PID" Planned Industrial Development District p p Y Y p and is developed as an automotive dealership. 3 HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the property to the south were rezoned from the "R-1", Single Family District to "PID", Planned Industrial Development District during the 1984 City Rezoning. The property to the north was rezoned from "l-1", Light Industrial District to "PID", Planned Industrial Development District in 1984. Zone Change Z86-15 rezoned the northern portion of the site from "PID", Planned Industrial Development District to "CC", Community Commercial District. The property to the east was rezoned from "I.D.A.", Industrial District Authority to "R-20", Single Family District after the 1984 Rezoning. The property to the west was rezoned from "R-1", Single Family District and "C-2", Community Business District to "R-20", Single Family District and "CC" Community Commercial District in the 1984 Rezoning. The site was again rezoned in January 2000 (Case No. Z99-10, Ord. No. 2000-03) changing the zoning to "CC", Community Commercial District. Zoning Case Z98-19 (Ord. No. 98-100) was approved in August 1998, changing the zoning of the northern portion of the site to "PID", Planned Industrial Development. Conditional Use CU99-78 (Ord. No. 2000-68), for an 11-acre automobile dealership was approved for the northern portion of the site in July 2000. Conditional Use Request CU01-13 was approved by Council at their April 17, 2001 meeting and allowed for an expansion for a second automotive dealership (Mitsubishi) at the existing Frank Parra Dodge dealership. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CC", Community Commercial District — Hummer automotive dealership SOUTH: `PID", Planned Industrial Development District - vacant EAST: "CC", Community Commercial District- vacant WEST: "R-20", Single Family District— residential homes and vacant AIRPORT IMPACT: The subject tract is located within "Zone A" Zone of Minimal Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" Map. Few activities will be affected by aircraft sounds in "Zone A" except for sound sensitive activities such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal is an WMILI/CU03-09.4 2 April 7,2003(1:35PM) appropriate use in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as Commercial. The applicant's proposal is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates Stone Myers Parkway as a Type E Collector with a minimum 75-foot right-of-way developed as 4 lanes. Irs 01MUM03-09.4 3 April 7,2003(1:35PM) PRE SQu t 5 ' TSAR M�N� 1 it Lem ( IN Im TR a an �V( f— TR 2m 1R S lit R Sias R A TR m 1 Tit a t J e ti O a �1 JO1-2 ���� LI MBERP _ -3�5 Z99-10 M 86-0 CU02-49 4 R t 13"; et02-51 1 R CU00-43 CC Win-49 CU01-27 cc ?AH R R TR t S Ems R 1 CC Z9 ------------------------------ a .................................... t = :: B - - ::ice: •.. fi: BP 4 === : Z99-10 r ,R Y TR fi ........... �s IM AC A CC 3'S Z99-1 TR t 7.7M K ti WESTPORT P TR a TR the saw iz M4 R TR t�i MA"` PI ;,; Z95-1 SU00-1 N PJ�SZ�P�- TR a lac R nsa R ZN 3 dQ CU03 - 09 . 1 " = 400 ' Grapevine Dodge 'o EC+ � 1,ANNIN T CITY GRAPEVINE CONDITIONAL USE APPLICATION Form "Al' PART 1.APPLICANT INFORMATION Na of applicant/agent: .. trs J � /i.i � ;� ; Street address of applicant//agent: /Lt� City/State/Zip Code of applicant/agent: cant!agent Telep app number of licant/agent Fax number of appli fI -1 9 Io y '7S-co Applicant's interest in subject property: PART 2. PROPERTY INFORMATION Street address of subject property Legal description of subject property(metes&bounds must be described on 8 t "x 1 t"sheet) Size of subject property Square foot. Acres , Present zoning classification: Proposed use of the property: Mirrir»trrn/maximum district size for conditional use request Zoning ordinance provision requiring a conditional use: PART 3.PROPERTY OWNER INFORMATION N of current property owner. / 0-r^f � � t 1 l r r Street address of property owner. 2(�0/ l' ---- e :fir City!State/Zip Code of property owner. - � '��r�� O�j , Fax number of property owner. 7elep ne number of property owner. ❑ Submit a letter describing the proposed conditional use and note the request on the site plan document ❑ In the same fetter,describe or show on the site plan,and condrtionat requirements or conditions Imposed upon the particular conditional use by applicable district regulations(example:bufferyaMs,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 o ogtiheer property In the neighborhood. Also,describe how the proposed conditional use will add to the value,use or enjoyment of other property n f neighborhood ❑ Application of site plan approval(Section 47,see attached Form T 1. ❑ The site plan subm(ssion shall meet the requirements of Section 47,Site Plan Requirements. RECEIVECI PART 4.SIGNATURE TO AUTHORIZE FILING OF A FINAL.SITE PLAN PH"m Appircant's Name: Applicant's Signatu ! , f 1 2003 'the State Of � ,� county Of _ fi (� �1 on this day personaky sppoared 8efom Me (applicant) (notary) known to d�o prcwome �tom��oath�for the p�s�es����d���in Xis�is subscribed to the fomgoing instrument and teary Given under my hand and seal of ofbco this day oft �-1CA�� AD. Notary In n e Taxa Prfnt Property Owners Name: Property ner's Signature: The State Of. comw or . s aforo Me c ho e �';20 on this day Rersortoky aPPearvd w�� n►.�, (notary) (property owner} ivrown to me(or Proved to me on iho oath of cant or oUicr docurna 4 to be the parson whose Warne is subscribed to the foregoing instrument and sc rm)w(@dgsd to me that he aarocutod the same for the purposes and conss4 ralrgan thejWn expressed L (Seat)Given under my hand and seat o(ofYlce this ,�--day of 1 i �+� A.D. WW CHRISM IOGRISHAM r �t Notary Pubfic,State of Tents Commiisbn Expir83 ~J, et :? Notary In And For State Of Texas +tfr + June 04,2ab5 5 nee lu u® tl :uts nuaAa - -- RECEIVE ,acKnlow�.�n�EMFnIr MAC 1 n 2003 PLANNING All conditional Use and Special Use Applications are assumed of to be complete Based when ri the s led d will be placed on the agenda for public hearing at thediscretion ize 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 request grid be scheduled on al to the zoning ordinance l have, from the date of submittal, a period of four month oqeriod of agenda before the Planning and Zoning Commissio before theCouncil Commissioand ci . ifn and Coer saiduncil said four months an application has not been scheduled application shall be considered withdrawn, with forfeiture i ed an etime/thereafter for reconsideration.fees. The i along'with the required 'ling fee may be resubm Y Delays in scheduling applications before the Planning Zoning month period and City Council created by city staff shall not be considered n Pari o the application for / have read and understand all of the requi en ts as set at allforth uirements of this conditional use or been met atthe time permit a a now/edge #h eq application have be r Signature of Applicant r Date: .r" Signature of Owner Date: " 6 s Mat" lU U3 112U1a mollm ureeritear olr--fLU- rUoo r. 0 Mar 04 03 04: 15p Holy Greenleaf 817-410-75SS p.4 RECEIVED owor,r.,sij nWAT11Rt=rn AUTHt7 ME FLUNG OF A FINAL SITE PLAN MAR 1 Pint �a Ap�pilwat's'' _ ! - PLANNING. no Sao or C*XW or e. .iw :�--�1 Cam. .,.,.... s►a� •any t +v AWIMM to me(or pros d to era on the oath of card 4r O"r GOCuaory)to be um parson whose nrww to the fOl+bpoi+V F13tA.+ArOtt<Rr1tl alto no thnt he eRoW*d Um ssnw A�f'ihv purpuaa.r "W:,.�a.Or��% f �f fSos4�• Yndo�ntr�+end/�fld3eatofolliQofh/5 ,, ,�,J+''or � �1 ` l A.D. 1 IA iYDV hl Affid FOf S7AM!�7'AY11S t irw.i r iy��tir•;wncrs NAMO. PrW /cwner*J"Ca CrA ' Z.;-*"o AIIVAN W Nf. .r.W:r..r..r.MW w••..• M�w w.".r`.""�..y '"�.:'�'�r�a'9Lk:•«Mw:t «.•tr r..tjse tod to tto kw&wmwvt PW wckouededoedtto me aid he ozocued the Sarno tbrthe txxposas end aorsfrA�ns!)c+rt ttiototn a ressed w ,,. � i....y.wa+wr..n:w Nor:Niiw•M::.:frw 3:OG.:.:J::'�; �`� ��w 1 � �"' .� A�t•11S.LJG.�- n '"' CHRls le G.GRISHAM ' �S' Norary Ptih4c.Stattiw of iio?, My Commis:�+on Expiro^ • June 04,Z00 1VUGrry kt Arrd har,tsty tJ►t eXOS '►;(;��.�;�� 5 f Mar 10 03 11 : 02a Hoila Greenleaf air- tiu- r000 r-• v Mar 04 03 04: 14p Holly Greenleaf 817-410-7566 p.2 RECEIVED MAR 1, n 2oa3 g cKNov �EtitENr PLANNING All Conditional Use and Special Use Applications are assumed to be complete when tiled and will be placed on the agenda fclr public hearing at the discretion of the staff- Sarsed on the size of the agenda,your applicaWon may be scheduled to a later date. Alt 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 silo 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 arnendment to the zoning ordinance shall have, from the date of subm/ttal, a period of lour mrdhs to request and be scheduled on an agenda before the Planning and,zoning Commission and City Councit. If after said period of four months an applicab'on has not been scheduled bofore the Commission and Council said application shaft be considered wiffidrmkom with forfeiture of all filing fees. The application, along with the riequlred tiling fee may be resubmitted any time thereafter for re-consideration. Belays in scheduring appllcattons before the Planning and Zoning Commi:melon and City Council 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 concWoral use or Speaiat use permit and acknowledge that all requirements of this application have been mot at the time of Suomi 1. Slgnature ofApplic ant Dates L3 signature of owner'y' Date., t March 3, 2003 City of Grapevine Dear City of Grapevine: After being in business for the last 16 months is has become apparent that we are currently at a competitive disadvantage. The signage we currently have in place must be taller to be visible from the road. We are requesting a conditional signage replacement to bring our business up to the same standards that other automotive dealerships and businesses have in place. Several dealerships have relocated or have been built since we opened and have larger more visible signage than we enjoy. Please find all the necessary documentation needed to approve this request. Best regards Thomas Quintana Partner and General Manager 10 Ft. la-1314" _—� Oodge 0 40" OAH -- ti -` Pearl Grey ■ Ch01:r" ' n Y. Dodge Red jy}, 30-33 imp FACES: Pan Formed Polycarbonate, Opaque p q Pearl Grey background Behind Dodge shield - Translucent Pearl Grey DODGE PANEL: Embossed "DODGE" letters decorated red Embossed shield plateau decorated with flat red graphics o Cabinet, Retainer and Reveal: Black Black aluminum cladding b�n UEl1lUllJti7 / Design a 44524.99 "off' p�sc/�rnf Scale 3/16"=P-O" Date 212B/02 Created for the approval of: DAIMLERCHRYSLER CORPORATION TINS DEVON RE"NS OUR EXCWSNVE PROPERP AND Drawn b JM 5mfth CANNOT BE DUPLICATED"TNOUT" TEN CONSENT y' " ti•'•".i�•�•32' c•�•-cyRl�,, i a A�£ 1 ap • O st. .a Ix•+"�mtE�-tS��'� er73 xt ,yrA'ny �� � ®Lil�t7f,51M'Lt'•'t Td71 a,ffi.�&43 .;,� �' `lsa'sYX' YS"y.� q t,£+a .3 ♦ "aai -i �jg _ ■ mJl" w '.at ?y}t ,�[Y ,:•Cs .ualt �,�t `'+�:s s"?.�l't *1G >aratrJ=�aSLit' �'+ • k a>rfM', t. �' }y'Y�'' ,,3�4"�`f'•Y.��°Ar��n3l ��^Mg m »" �'i3>5 { � � a7u*�y'S. :YS'E a �`• -' as tl■caS[ v�.a 'i� OA/���..FE+u 3 ..dJtL •' aT' ,i�r' fR� •"e;� '� fi ro�i , �i+- S n*v a R h �' 5 .shy `' t^� j •. ,°Zi,• _.+.. G} ." �i"v h y - a1¢ai 'a a '•T.t ` ., F 4 k.�'e u'S' c 'T 15,949M. y R n }d a,`s'..Ar�rfyP<i(�" .n F w t x t t s+• a� s 'sy- Si C� 'yb�t '• la -"`.-a '� _ ,tF 4-a` a '"�:C 'vyp i J 'Fa� � Ni' , � !� Fea >' ." .mt= a'+�S.i-gftr�'a{�'c5`a ,'f".,••i =�ii 6k6 "�'^"�',• N+'�;1�.��rTs "�n s.�dfis':wet. a ��'' �t _,e; '�'� `�' � `tR` '!"�ar'��2".w.:tsat4��4. M 60• s s tyKi�=T '. �'r� h W � i Q MR xtr l;Y'� x , filmmot JR, xr/,'+ fC `,�,� -•r}t'`rt rt rw!3h� N. All x-a�, �"�r.■..i 5h,. 3mM, �'5.4t �� �t�wiz befS�, b'fu �a..ewastt+x'�x r h4.st�c4.xb7 ' ' L.�3 y s r. ¢,>'�c'�.3'.:6 `,�•*'O3?"' +a- d.,e�c• �£ �, �• , ��< <1 Sod-y! t..a .!'��'t► y •s- g _ t'. 3� %�� y,'et 4 ri v's tY.B YiI p,r+. aa `.x`� f' tr .r.. x •`.' `r. j♦� !• '�� � III' ;+ � P_.w"«r�^.,�.RY:�° y�`�r�.Cnk 3."%3 vvC:' P d S�k''AF�® Rds IUME �� ,r'E'•^w t pp ! Y li'r .tn 31�^da � s ■r 1 / x k'4 '� f I i!3' � e� - aSCd'J?t�..3'✓�`"'u��09"' .J)*-it e@ c rt„a��+sid= ���+��''1�.e3�M_Ix�'�+��K v .»Yidu�: t::•>�?ii /I/�� N ��_Y:�i 1111140 — `, M _ �_ �:YZ VIP 10 �. aIS: �2•zi. C air% laaS dSRI will fi. raria�a�;c�nccasm��m■3r�i�s_; N,��.��ssY^ ��_����, �'�� �• � .�,H'"�.�M t� 1 ` �� ya `ems.^„a iS•? sz�' c+J. a i '�.'� m co id NO Z9 OR CCD 'RELI �.�. w��,-2� ��� ' t��ss•33'�+�', t'F 'C xa r 'aaaa'SG"r,SSuibvc�rr.Tsr�Gac2iia3•'�s� t'$y;'`tl�; Y �..•Flti:r�" "c: e£, S jqgpu r pu -••ate r.X,� 15 ?++�,r �a�lo ,.t^r .n Z-•t+'c'".rda�-: T,,,�• 'a"-,-r �-��K,r,� }�aM T�,'O1..R e +w33'"'p�H ir7= `^^r- hL t•�• f y.t , a YC 1 n== a.-,� + .t".,ro%•z.� *.w �`` rki , Fps: i ' sa )).t.,y��y..•ti..K• <.•v '"Tt'T•r,,ary,-to-•, r r`,.tiy. c� i r�+� _ �`H #.4t�a t!��t"v .?;-''.�i>3-f'"yacsJP.=.ks•E,.,y'�Sr''"�ar�++s'%'�.t'+ �N� Jn;.�i.��,� t II ��Y�' +'"� wit T w`S4 ,�� §�. •�'„r ,+�.� L b ♦v+_...�a 4Y4'7�..1aeT�9�..: eT ata �rSc-�� "�rY v +•. .e`er.§..o'�.r,.r�4 r?�:te.,. �' e.'.rxt �✓*••M: r. RSA b �df "��,.G",.. tea'• ERR* E ...ec?^tr{ w.d,Ted ,tC,2a»".i*'�y ..e'" ,glza•s- Sri,`- et ..7 s •3-+,ni `.�],'•�a. r' £'`y"'st'"''�`•sy''}Lr3.3sc'�`r " ' 3�'t7'4; �lvt tin3a is � Ra9 3r n- +t s arar*a .ssdzca_ t�s3rF.4 ab ft3 ° y13y '.`�. � �¢ �x r 3Y r 'Ft 7"l y Ci,r�•e,v �X1 J•Y�`.os�.s•'S�[st 4 y�+{i�i!^ '4 <• I •i��w+..G Y 3`a}1; 1 '"L tg, `' } 'S"r` f 5i 'r4� j�> � .e �wi..ra.'t..Yd�tl�"`L.,�, � �-•.st'C..k�ti '�a��7�3�'..�� L. ; r@ Liy+t'};, -`. c.C�lrN -4 .3�•. [L •,•"i��'�7i� 7,�.�ra`"�'� �,���isrYF,S'�xt��mn`x+ ���s.�..".vt�.��r'�'i,�,a�i".�� aw`r i., ��<= VUr'i:1 ni •�i57.2w .r,'t.5 c_+.�yr" 2 xL"a G "tt� fa 7�s ��x�� •sc+-:>•:^,c.3^...s'-+e.0��vre.<�rmr-.-,..,.:—c=.y�•-Wt1 ORDINANCE NO. 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 CU03-09 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2001-46 FOR AN AUTOMOTIVE DEALERSHIP TO AMEND THE SITE SIGNAGE IN A DISTRICT ZONED "PID" PLANNED INDUSTRIAL DEVELOPMENT DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a conditional use permit by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent property from flood or water damages, noise producing elements, and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting, and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine, Texas, did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS, the City Council further considered among other things the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and encourage the most appropriate use of land throughout this City; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is a public necessity for the granting of this conditional use permit, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that the conditional use permit lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, prevents the overcrowding of land, avoids undue concentration of population, facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this conditional use permit and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified and, therefore, feels that the issuance of this conditional use permit for the particular piece of property is needed, is called for, an is in the best interest of the public at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this community. ORD. NO. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City does hereby issue a conditional use permit in accordance with Section 48 of Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix"D" of the City Code, by granting Conditional Use Permit No. CU03-09 to amend the site plan approved by Ordinance No. 2001-46 for an automotive dealership specifically to amend the site signage with a forty foot pole sign in a district zoned "PID" Planned Industrial Development District within the following described property: Lot 1, Block 1, Frank Parra Dodge Addition (2601 William D. Tate Avenue) 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 fi 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 15th day of April, 2003. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4