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HomeMy WebLinkAboutItem 01 - CU03-10 Westgate Plaza P!z TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER /C & H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES tr j �fi MEETING DATE: MAY 20, 2003 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU03-10 I I I I -- -- --------------I ry, Grapevine 5?,Do APPLICANT: David Cunningham I f i i Lake I I I I � I � I "1 I.H.1635 Northwest PROPERTY LOCATION AND SIZE: 1d E °od p4� 2 5?,I The subject property is addressed as 2300 West State Highway 114 and is proposed to be platted as HaII-Johnson s?,�so Airport a ; Lots 1-4, Block 1, Westgate Plaza. The property -, --- o contains approximately 15.19 acres and has L—1 Glade Rd. — m —I approximately 627 feet of frontage along State Highway 114. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to establish a planned commercial center for a future mixed-use retail/office development. At this time, the applicant has no specific users for any lots within the subject site. It is the applicant's intent to seek Council's approval for the planned commercial center before a substantial investment in infrastructure improvements is made preparing the site for development. Approval of this request will allow the applicant to construct an access easement/drive which is necessary to provide access to interior lots within the site and to provide required frontage for setback/landscaping purposes. At the April 15, 2003 meeting the applicant requested the case be tabled in order to meet with surrounding property owners to address their concerns relative to minimizing the impact this proposed development will have on their property. During this time the 0AZCU1CU03-10.42 1 05/12/0312:32 PM applicant has meet with the representatives of the Austin Oaks subdivision and also with property owners along Pritchard Drive in the Oakwood Meadows subdivision. In principle, the applicant has agreed to the following basic concessions: • provide an eight foot masonry screening wall constructed of double-sided, split-face concrete block with a limestone white color along the entire boundary of residentially zoned property; • construct the screening wall five feet within the subject property and create a "wall maintenance easement"to provide access for construction and maintenance of the wall with the surrounding property owners fences extended to the wall within the five foot easement; • create landscape buffers from 20 to 90 feet along the boundary with the residentially zoned property and within "Zone A" as shown on the site plan provide trees 30-feet on center; • dedicate an additional ten feet of right-of-way at the eastern end of Bonham Trail for landscaping to be provided by the Austin Oaks subdivision; • limit all structures within the subject site to one story; • limit uses within the area represented by Lots 8 -12 on the site plan to those uses allowed with the "CN" Neighborhood Commercial District with restaurants and drive-thru restaurants excluded; • drive-thru restaurants will have no outside dining or outside speakers and drive-up windows will be placed away from residential uses; • light poles in "Zone C" as shown on the site plan will be limited to 10-feet in height; • all signs will be turned off at closing; • maintain a minimum 120-feet separation between dumpsters and any single-family zoned property. Lastly, 30.26 percent of the owners of real property within the 200-foot notification zone protested the conditional use application thus requiring a positive vote of six members of the Council to approve the request. Due to the above concessions the applicant has agreed to make to minimize the impact of this proposed development on their property, the majority of those who had previously protested the request have rescinded and are now in favor of the request. The current percentage of those protesting the request within the notification zone is 9.93 percent thereby nullifying the supermajority vote for approval. PRESENT ZONING AND USE: The property is currently zoned "CC" Community Commercial District and is vacant. HISTORY OF TRACT AND SURROUNDING AREA: The subject property was zoned "R-2" Two Family Residential prior to the 1984 City Rezoning. During the City Rezoning the subject site was rezoned to "R-3.5" Two Family District. At a January 16, 1990 meeting, Council approved a rezoning (Z89-17) of the O:1ZWCU03-10.42 2 05/12/0312:32 PM subject site to "CC" Community Commercial District and the property has remained vacant. The Grapevine Plaza Shopping Center to the east was rezoned from "C-2" Community Business District to "CN" Neighborhood Commercial District during the 1984 City Rezoning. It was later rezoned (Z85-10) to "SP" Site Plan District to allow the development of a shopping center with a grocery store with off-premise alcohol beverage sales. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-7.5" Single Family District and "R-MF-2" Multifamily District—Austin Oaks single family development and Woodlake Apartments SOUTH: State Highway 114, City of Southlake EAST: "R-5.0" Zero-Lot-Line District and "CN" Neighborhood Commercial District—Oakwood Meadows and Grapevine Plaza Shopping Center WEST: City of Southlake 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 appropriate use in this noise zone. 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. /rs 0:\ZCU\CU03-10.42 3 05/12/0312:32 PM :: ©Q MICR00N©000Di� I -� . ©�►aoo©o©o Pd�OE GRAPEVVE—COLLEY ��►� v�oQo©0voo ©v -� 4�001 ■ TIOn'd �o��o©o©ao©o o.SIGN . �, ..... o© emission, 0 of.o0A00 0 a ►Pon _ . ._..o. �. • •�PER ACRE 11101 tar, a©w .©o0a© -- ©_.N= v v � -.. 201oaoaaooswulla all 000p0 —, a� c:- '"•'• - 1 1 OEM t P6 '3 CU03 - 10 Westgate Plaza MAR ® 4 2Oa3 CITY OF GRAPtVM CONDITIONAL USE APPLICATION Form "A" PART 1.APPUCANT INFORMATION Nlame of appkantlagent Suet address of applicant/agent: 2-l"7Z W 1 Nf171 f-,f C city/State/Zip Code of applicarK l agent: Vt h� tPtO Fax number ofappYcant!agent Telephone riumbeeorappOcant/agent Appkant's PART 2.PROPERTY INFORMATION &rest address ct s5W pmpeq 5,S -s f�.0 PUNS%".�S LAVW de�of a4ed property(metes tL must Waism on 81/2'x 11°sh"O size of � Acres Present zordng«assnowon: Proposed use of are wmp&nY' G G MnMrxrm Tm mcan titstrld size for mldl rat use request NNFUordFnenoe provision requiring a corrordiar>et use: PART 3.PROPERTY OWNER INFORMATION Name of current properly owner Street address of property owner Csy/State/Zip Code of property owner. Telephone numb"of property owner. Pax number of property owner: 14 Submit a latter describing the proposed cwWjOnat use and note the request on the site plan document In the same letter,describe or show on the sle plan,and Ow ft o(W requirements or O ndtiors imposed upon fhe Wftular oond+tionat use by appucable dislrid regukroons(example:buffer yards,distance between users) ld In the same letter,descrfe whether the proposed condrtionai use WX,or wX not cause subsfarKfial harm to the value,use,or enJoymerrf of other property in the neighborhood Also,describe how the Proposed cor4boiW use wfp add to the value,use or erooymert of other propertY in the neighborhood. Application of sle plan approval(Section 47,see attached Form 187. The airs submission Me;meet the of Section 47,Site Plan R 2 RECEIVED PART 4.SIGNATURE TO AUTHORIZE FILING OF A FINAL SITE P Prkrt Applicants Name: Appfcarft S PLANNING x he saaT State� f a tale of camly K/�� 1 M &Wbm Me�F 4"r— L_J I d_L.J_LI ��- r!� ���7n this day personally appeared t�G (notary) (aPPi+carM1 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 kLsfttment and adfmoofedged to me that he ex"Ve same for the and oonsideration therein expressed vvavuu rtuu�ir)// 1,--�y of A (r R Gives under my hagi3�\ oe t)' il-fA�m �yatiS N 0l9 - , *p',�F *, Notary to And AS \�:, print property Owners o�°° proP�h' +'s Sipnatun: � The.State Of- comw 0 Beforre Me on this day personal appeared (rxkary) tP+oAetb'owner) to the(or proved to me on the oath of card or other domanrerrt)to be fe person whose name is subscrbed to the kregotng instrument and to me that he executed the same ibr the purposes and consideration therein expressed. (Seat}GMen under my hand and seat of office this day of A.D. Notary in And For State Of Texas 5 MAR 03 2003 2: 57PM MYCORPORATESTORE L. L. C. 9723808066 P. 2 RECEwE MAR 0 4 ?C PLANNING- CITY OF GRAPEVM March 2,2003 CIO David Cunningham SENT VIA FACIMILE - 817.424.2755 Re: 15.1-Acre Land Site (Branan Tract) Gentlemen: This purpose of this letter is to authorize Mr. David Cunningham to file for a preliminary platting for City and Zoning changes on the referenced site. The plat will be submitted for the City's consideration to approve the site as a Planned Commercial Center. Please contact Charles Branan at 972.380.0500 if you have any questions or require additional information. Thank you for your continued assistance in working on our collective efforts to achieve a first class quality development on the site. Sincerely, Charles Branan Trustee ACKNOWLEDGEMENT R ECENED MAR 0 4 2903 im a 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. 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 ti a of ubrplttal. Signature of Applicant Date: Signature of Owner Date: D� s May 10,2003 Planning Secretary City of Grapevine 200 S.Main Street PO Box 95104 Grapevine,Texas 76099 RE: File#CU03-10 WestGate Plaza Gentlemen: We,the undersigned properly owners of single-family homes in the Pritchard Street neighborhood a portion of which abuts the WestGate Plaza.Development,hereby express our approval of the Development plan that Mr. Cunningham, representing the Master Developer, has put forth. Mr. Cunningham has met with us as a group and individually and reviewed the plan of development. Specifically,we understand that the Master Developer will maintain a minimum buffer of 20' from our property and will maintain existing vegetation in that buffer. We understand that as each lot is developed the individual lot developer will be required to put forward a detailed plan of each lot which will further define the lot's development and that more landscaping in the buffer may be required. We understand that the Master Developer will build an 8' Split Face Block wall in Limestone color along the abutting property line of the Pritchard neighborhood. We understand that the use of the approximately 5-acres of land that abuts the single family neighborhoods has been designated as"CN"Neighborhood Commercial District and that large set down restaurants serving alcoholic beverages will not be allowed in this zone of the development. We understand that buildings developed in this zone may not exceed one (1) story in height and/or 30'. We understand that the outdoor lighting for the parking lots and drives in Zone"C",a zone that is 100' within our homes will have lighting that is directed downward and that the height of light poles in this restricted zone may not exceed 10' in height. Further it is our desire that the city waive and reconsider it plan to have an emergency access easement which connects the Pritchard neighborhood and WestGate Plaza. Mr. Cunningham has informed us that city staff has indicated that the City will in fact not require this easement and that Mr. Cunningham will be allowed to build the 8' screening wall with out.gates. a Because of the restrictions that Mr. Cunningham has voluntarily agreed to and because of R, the significant screening wall,which will be built as a part of the initial development, we support the Master Plan and planned uses for WestGate Plaza. Sincerely, el�c d� Name Address afore Telephone Number e Address Si e Telephone Number Qr Nam Addiess U ', I -� 4i;- c�17 Signature Telephone Number Name Address Signature Telephone Number Name Address Signature Telephone Number Ma!d B04s06p DEVELOPMENT SERVICES 8174103018 P. z - 10 WESTGATE PLAZA WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, APR/L 14, 2003 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) yL )a 'I I to C (�Y\ o � v"A 0-t VC 5 Prin ame and Xddrmess!,,!otrot, Block and Subdivision: Signature. 4, \- (Phone No.). Telephon 17)410-3155 Fax: (817) 410-3018 Direct questions and mail responses to: Planning Secretary Department of Development Services City of Grapevine P.O. Box 95104 Grapevine,Texas 76099 s a+ AUSTIN OAKS HOMEOWNERS ASSOCITION To my neighbors and friends, I just wanted to take a chance to say... ...WE WIN t!! I wanted to tell you about a few of the accomplishments that we have been able to secure- regarding The Westgate Plaza Development. Granted, there are many more items not listed but I just wanted everyone to see some of the highlights. 1. We will get a 8' Masonry Wall along the entire development. It is known as a split faced block. The structure of the wall is solid concrete. This is really a first class structure. 2. All of the neighbor's that are directly effected by the new development will be gaining an additional 5' foot of property along their backyards. The existing fences will be torn down, and the dividing fence between the neighbors will be extended to meet the new wall. 3. Every one will enjoy the new Live Oak trees that will be planted along the property behind the houses in our neighborhood. 4. The land on the corner of Alamo and Bonham, the "wall" will be pushed back an additional 20' and be landscape and maintained by AOHA. Originally the plan called for the wall to be 6' off the curb. 4. The landscape boundary lines originally called for a 20' buffer between the house and the development. Now the buffer will range from 30' to almost 100'. 5. There will be no external speaker at the drive through restaurant! There will only be 2 drive through restaurants anywhere close to us. 6. The building closest to the neighborhood will be professional offices only. (I.e.) Insurance,doctors, etc. We, as a board, have addressed every major concern we can think of. I personally, am proud of what we have accomplished. Between meeting with City of Grapevine, and the Austin Oaks Sub Committee -there as been a lot of hard work and planning to get all this done. There will a complete list of all the provisions attached to our website next week so you all can read it. If you have any question, or wish for me to clarify anything for you- please feel free to call. Thank You, Ma!d��4: 06P DEVELOPMENT SERVICES 8174103018 P. 2 File WESTGATE PLAZA WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, APRIL 14, 2003 Procedure to Respond A rty Owner within 200 feet of the subject tract) or (an interested citizen), i (approve (protest)and/or (have the fo towing comments) Print Name and Address, or Lot, Block and Subdivision: U `�- Signature: {Phone No.} Telephone: (817)410-3165 Fax: (817) 410-3018 Direct questions and mail responses to: Planning Secretary Department of Development Services City of Grapevine P.Q. Box 95104 Grapevine,Texas 76099 Maw 4:06p DEVELOPMENT SERVICES 8174103018 p. 2 File # : CU03-10 WESTGATE PLAZA .ry, t: WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDA Y APRI,L 14, 2003 Procedure to Respond; opert}r Owner within 200 feet of the subject tract) or (an interested citizen), i (ap (Protest)and/or(have the folfowing comments) Print Name and Address, or Lot, Block and Subdivision: ` t e V�.,tk r Y Signature: ( U'l (Phone No,) 1 v Telephone: (817)410-3155 Fax: (817) 410-3018 Direct questions and mail responses to: Planning Secretary Department of Development Services City of Grapevine P.O. Box 95104 Grapevine,Texas 76099 Mayo �4:06p DEVELOPMENT SERVICES 8174103018 P. 2 l WESt GATE PLAZA WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, APRIL 14, 2003 Procedure to Respond: As Property Owner within 200 feet of the subject tract) or (an interested citizen), 1 apprcive protest)and/or(have the,following comments) Print Name and Add s, or,Lot, Block and Subdivision: Signature: IC (Phonee No,) 1�7iL- Telephone: (817)410-3155 Fax;(817) 410-3018 Direct questions and mail responses to: Planning Secretary Department of Development Services City of Grapevine P.O. Box 95104 Grapevine,Texas 76099 Ma 4:06p DEVELOPMENT SERVICES 6174103018 p, z a File #. CU03-10 WESTGATE PLAZA WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY,, APRfL 94 2003 Procedure to Respond: As o Owner within 200 feet of the sut�ect tract} or (an interested citizen), I approve} protest}and/or(have the following comments) z Print Name and Address, or Lot, Block and Subdivision: 2-4 Signature: (Phone No.) Telephone: (817)410-3155 Fax: (817) 410-3018 Direct questions and mail responses to: Planning Secretary - Department of Development Services City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 i me�j �4:06p DEVELOPMENT SERVICES 8174103018 p. 2 File - WESTGATE PLAZA WRITTEN COMMENTS MUST BE RECEIVED BYTHIS OFFICE NO LATER THAN 5 PM ON MONDAY, APRIL 14, 2003 Procedure to Respond: rpproveo�p%test) Owner within 200 feet of the subject tract) or (an interested citizen), i and/or (have the following comments) Print Name and Address, or Lot, Block and Subdivision: 2 ZZO 7 I3c,, IA Phone No. Signature ( )� Telephone: (817)410-3155 Fax: (817) 410-3018 Direct questions and mail responses to: Planning Secretary Department of Development Services City of Grapevine P.O. Box 95104 Grapevine,Texas 76099 Matt �4: 06p DEVELOPMENT SERVICES 8174103018 p. 2 File #; CU03-1 Q WESTGATE PLAZA WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO.LATER THAN 5 PM ON MONDAY APR114 2003 Procedure to Respond: As Property Owner within 200 feet of the subject tract) or (an interested citizen), l approve (protest)and/or (have the following comments) Print Name and Address, or tot, Block and Subdivision: Signature: (Phone No. Telephone: (817)410-3166 Fax: (817) 410-3018 Direct questions and mail responses to: Planning Secretary Department of Development Services City of Grapevine P.O. Box 95104 Grapevine,Texas 76099 Matj@� �4:06p DEVELOPMENT SERVICES 8174103018 p. 2 i ® - ■ r 1 E PLAZA WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY. APRIL 14, 2003 Procedure to Respond t Property Owner within 200 feet of the subject tract) or (an interested citizen), i ve protest)and/or (have the following comments) 1 Print Name and Address, or Lot. Block and Subdivision: C T* t V Signature: - (Phone No. . � Teleph : (817)410-3155 Fax: (817) 4103018 Direct questions and mail responses to: Planning Secretary Department of Development Services City of Grapevine P.O. Box 95104 Grapevine,Texas 76099 MatAgd04: 06p DEVELOPMENT SERVICES 8174103018 P, 2 Fife #: CU03-10 WESTGATE PLAZA WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAK APRIL 14 2003 Procedure to Respond: As roperty Owner within 200 feet of the subject tract) or (an interested citizen), I (approve protest) and/or(have the following comments) --Z Print Name and Address, or Lot, Block and Subdivision: /0 Signature (Phone No. t 7, 4 Z 4 7/en,:-7- Telephone: (817)410-3155 Fax: (817) 410-3018 Direct questions and mail responses to: Planning Secretary Department of Development Services City of Grapevine P.O. Box 95104 Grapevine,Texas 76099 Mayj 4: 06p DEVELOPMENT SERVICES 8174103018 p. 2 i WESTGATE WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, APRIL 14, 2003 Procedure to Respond: As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I p� (protest)and/or(have the following comments) Print Name and Address, or Lot, Block and Subdivision: troe— Signature: (Phone No. 0/7-4/6 •Fi30 Telephone: (817)410-3155 Fax: (817) 410-3018 Direct questions and mail responses to: Planning Secretary Department of Development Services City of Grapevine P.O. Box 95104 Grapevine,Texas 76099 C...clo .. .__ ._. . . _..... __. ._. . . .. ..... . t�rri. 01 - e" 7 J ... o ?�osiro lr 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 CU03-10 TO ESTABLISH A PLANNED COMMERCIAL CENTER IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS 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 t 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 ORD. NO. 2 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. 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 CU03-10 to establish a planned commercial center in a district zoned "CC" Community Commercial District Regulations within the following described property: Lots 1-4, Block 1, Westgate Plaza (2300 West State Highway 114) all in accordance with a site plan approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit "A", and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the following: 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 w 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 ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of May, 2003. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4 J - v o gg O _ I z t ''7LU I t o� A8MLj5iH 1S ON Wt ati? `�•� ¢}M1'351 \jR v 1. r 1 I s�3�itNAa�e i 9NfXd Vd �) asdara 2 w # <4 ! ^ , `. Wy uio .3s.OBSF®. :$ 2 I 1 700HJ5 LJ- i W o Pp z G d5.0001 0.. Yow •Y i Z. ' m,o o v, 3 2 � 4 v 'I-1 000' 1 a I S ,.9 71 1. y '� 7lV13d .' 4 ��O J _' .m w Id3IN3J 13d { �F'W 0 H i S,A3NI&nO.) f WR IN A3N1d71OJ a S a , �• ? 3,� $ �� i 1 1 I � O _ II W I a0,� N — wi W v o I j .a—'W- 35:o8tf C7dvzz y fi W 2 Vt I g w I F a r' i Y1'. 691 Ac a.a of 3,.. d �0.'';'S,{j,'i Ta3ar•'--""--'. ' q'a�A'�'•u9474: � kP1wr s1.30R•An. y�0' YalFtoar a anti - T.af I3U"'' .. $�, ._„n„moo .ar£S nirakrw m -'II s 4tpW�QA1..K3�' 1 r.x.r.e.r. BLOCK T -•-.--'� _ �,..*�. � t, ae _ l z •:B a'.. 1 � �.rs.+,c. '1ov,: .... ;.::. W MASONRY 3. .IF i" 3.'5.44na 64 i TAt£� ��,STAc ,i s.S •y�y :�,. 0.4Mnta <A I _^� 111 SCREEN WAL , «aFru.rar �... ntK 'F,r000 ,n Tat.I:FImY e'oap Tea e &OpC 6 '. S mdAM xad4:1:O T Fbdrnra 13 F¢brAna N t:4 t3 Aro ludo k S r . 7B%� ' id fsao ar Td^g,�r.ed•-uufnr Pltlr" - - / 8@'i9 02 E f3T.2P f'a �@8'F3`5e1'E ae 4 ,' am, '.rw sosm I gr C.�.tc'419tn.fL +,0° kl �t� �- { ' ' y��r'`e }p• . : "''vi�'OH'� ----- -------- - r"r----____'-•T�^^_-___ _^' rlo.r xrr.s1 r;o.aa a � r: .. b •.. •.•+++.+_�..�.'c._..�..�I I ur..�,•t•. add-^' 1 c¢ YS% w. LOT. SLOW ---w-- -- -- --�. �_ tiN iCl" cesac s too' tW: 7 a �t P¢ ..__-F•ly...__... 0 m Rrrauw --" f T1l,QT9 i as 1 - Tna]arlaYA" roaa,,.a o.o. a .._ J N '4► rr: 0.&96 ACRES 1 o.a } i p 4 bit 1,0,1a ' W'R,p.lk.CXd.1-,BtlE ,e:R�C T � 'f• 6'S•5' 1 TAIL t IL &OCiI r t a T�[ ' +i, 8'W-- �"2 s a T a a a R ii `e $--$R. t re'ra'ra i t I btASONH�`1g,. - o'm. ..ore.•A•, •Ad �N '� `t12 t(?Jk Fwan'ta wkn i�a:id� 1 --_-___ ,-x�`'. � f:.� �,±te•- or t ,.. I�..�w�zt . .. ,� t.aai� � `J�� „� ,Faces' rEae.ccrsrxFSrkw 1 1,,; ,' . '' . 'i° '" I �KWC�A`;AF.1GLt>•S,A��19CW R ci. 4D' p a # cAr MJE f .Zp:NE .A ._ ataArrARY SF,ME�+�&£aEMr, '+ K:ROp9#Y n ff {.. YEAftip.t Y •�. ( y;�- 1 J�l ., y. S �.pT B:e+ i $ "¢T� O` a r kV - caif . T5s ncREs ;' 1 ,y.c Y _ dwdE ci7t i.4 bM13 #2EWAA $�N RWv0s6puPA 1 LJ a ut .1w1 taalop.RA r: •.•� SHh�RETAtaY t4'MNvaC7t W A _--- _ --------•-•------ qu6A t:Ltf2 A[RE 1'AACT !68 VEIITIigE`rlq. t11q .. .. ... . �*w. d•'-r �+. YOI,.rant- N74. - ' R.a.r.C.r, 6 ". ,� 'i 1tL1. BGAI!WINGAl1DZ4NiNGCOh1k115S1Ek1 sty COLOR - aiiw � L \ aASE mFix �., sA,�'ati�. con"I pAm B(BOK l titrtESSOroEWHtTF COLOR 646" - +•• / \ $ r,aes.Ac •A .,- p 4 �`'� RY. :a AR@ii3OYAI.DOES iJQT A�,ITFiGRtLE ANY NtORK �y+ rar.ur rr ,T MOATAR OINF,4 JN CQNPLfCt N17Fl1 ANY CC1C1E60R o.t0iit' {+ i�Q'. LOT flEJ•ARTMFM ii.o1•0.JENT V IVEJ ICE ioBa i y j �1� 'TYMCALSECTi NN�,-.SCSNENJNCa'WktC MAY j 2013 i tG9.dr,_ . ',� � } ! LOT f - ,� • ` _� L I - 1. PSPppsed uses nidtdiFe RefaA.ileBfeuroN,TFeetaUrerrl wihOrivo-1irW a6FdhsmiA l�••.,;� .• � �' J 1 r ! ptgigs5lwral otrsa • � j 2 A+tiftpoeWrai 4lsvaBipsa AtfrAp•AASt9�". +Ynf4YP'OYIaQd;arlNpAydaw;iliaMimabod ?"• T ' .. , r sm.w6foettaaparpval:by't>wl rl�,gnkgCAmmatnrfd!raGkY4swmal., ,o � �`'` , t 9undkry,yotlavxoAen yAdle,Jgk9F•JAP:�AArvdt s"}enaw'ay of Sauxt^ax tx the aG� � �' '� 1.,'? ' 60' �j,., 1.63 A rr dW' iE[1 Fghk+�Osdinama.aMOr4'S+ �`�-FDFwy�'Ot`f6iPWnnIa667a�tIQEwiuOtttte cnd'Gb r . A. r�pgrmpefa'eccasa t�Ybw4u�A.FNi�"re�#'rmnt •weYufaneo. ��`...,,,. .A w_ :. 80, r#Rdltittned�s4tlgn t � 1 � 1 I PrtwbTeAta lba.6oparimBPtaC Wotl4t pig � � ' Outaom#mnagaxrieataprartae«ta+ghht�ltn4yxTPSaPMsntnacf�mu'muow�4eW�tca+*e .., t uwxanlnFard�F�,a.ena'wewf�ject�rt4�'�'hyzt�-el .ezaninttcba>�Nte.�na . C `.; .. I LOT 1 { G defeRNFL�Q3+1Ml artAln6trPtr•nAJ«+a MAA{1ep 1�,1!R-1"ntflV{dti31'Siq"?3#npiiiia 3Y a6abo' to accoraao tawseW bn#ts tt m��stiNt soda .epPjtad'w qIf v >' ;1 11 rsr.va`o°w. a I { t CxppAk Sta4F 3t Faaf rnt'any rbg 1Minn(n0a'2dtmWlrttllfee' '_rrttY.tpwtAY. .w rR§uo _ i T. das of nos ]brG as vn.^»d'Errobn Q tlnanse ila)i lle act aumAt>r `!`�Ar, ! , sr~ S' •.. jY"`'^.,.fit , L , 30' Id0 ZOO d. at aro@t A +i ena t Red a seen>m m aAwmoc�+?!+ 9e da a a.' o-q 'oz s Sfrj nF I ? �_� Saw r Y' a p 61faPtarx.'a and ara ae(>fetd'W appspril 0i ilie 1+I$1 4 2aitnG CamttllNM and CRY , �.A Jy - `(1,' $. '.',••..�... CauhC0. M. SRe¢Ning Wall it-A.i r o sit:of .nit j tK m w,wvd A am M.n«I>crotapar m ., T +b?ao l'o A I '."...:�. t a ,1n rtA+ae Brows iMAd" AP,+�Pn•d wsp laratseApad an$OSAramtw rd>h SaAtien c•=, lo•+rim tBe danlopq c«dt rk fldwa9'roadway LPnhke n¢oaw e:stu,Fs4.dd i.ret,e - I ko:p a d 9tartV+p Cddk+¢ince and am s,l6jece w aeproxd frx T1e s?tiennlns s w �� tea, M.All 11l1Ntlae atteA>?P af.1.90r%a aiad o9n.kactoa k ataAFthdida WAn Oro tiWrl$T!d'k.oT}Jtn 11M wall will>M rn¢stnmted of double ill be onshaad nand unop l wlm.liowfx. mad F)Apa(Jrttpn/0@ {r✓PIAs inter. A comlowwx t4,oon dwlit o will 4¢Pm.v ppo and by th bolts will ilbw tn:.-to r • .' 1 11.�9tllra l'ad�ti(h¢F,'f7hnef aK.eeQ 30I061 'dsainnge. 8saeeetnA wall camn+xk�pfam will 6e gsPww.d by axi Gry M Onpcxana pran m . � •••{ t1.MedneAkal agd'e iWw 4"mw low qW.otA*mito--f-0 and he oomptat v .nyemate.nde.. - � ���•, -i+-�...•,...... eR1r.4V€��L7�iRiSdJ�E4�t> T'�i,F'a7' a n.afimn "A?t' �D ) - •.�_. C !'LANHE4GRfr1 TA 41E. 'o . ut sASE in.Deidgpd UghNnO'0lpti.mtiib{+P l> d wdp dttth!Idoel line Alum Dort emir:bsi'S>9 5r To Tb.Swnwdag wall wlll t1¢eoomUskd s lba;nod¢m¢esdwtng P.T m lmo m Zoo¢"A-. A$ i s•••,,,-..�„w .A!(�' .P3GR.'+'E k .A '•. . reline]AvaY ftl3in g0I pN.pottyftnd Pie.atdnad Lo epprovel 1Y ftm TartreiW9 b,2an1W coot'{eat lNdmeoaac¢:Y�:as+mm^win b¢provided beirwont tb¢wall and m¢m m"llat prop" ��`„','f�1�j' o L---------- .► tiPmmi.44'4no PAY t tmem lldwi cmcmiedmadd maUpm,xnaTdtc a+ll. ta.tts nerzo}a gt a Is g7 DiY Seidh w 6s dnpds.U.4.O tna 100V 4rNneraoo• n. x-cam lbn-I-s 12 will m knatua m cv ti¢shbabeod(9m¢aI'-l>nn a os i - -,W--- sure.Etatr. -Sj.OoaeAY Aia+Br dn'cfoPw wID eonamtct she rRt¢ooen of exL6.9 msW-49 fewer wltbia do 6 fo«Walk ]Real Ptokaa'pa.t t)d'o,esc.).Aeac¢awa a xgaA+fmoU adrb ddw,ip,rmrim vc dxchtd rMre,. b,•,:w-y,. { latamtmaao¢L'aaenem to the Sa¢comiV/la1 tromdwagw3. { e. Lci min. 84000.min. 1i Rost erean:din Lklvo Tbro»gh Windows-W- tbrongh rw,masae wBl aot allow o.raeor Ttr'�?tD,,p2.�Sa?, 'tea -^---m- - - 'CvAo�t 1. Hlaxs / 81'ke Fbea► 0. A�in.4.Pa!+`�.POC•-20'K into. d'ming rronsWe mdlmry.pcaAsv.thiwupwindosnwntlx Placed awry fmmrnWentid non. �+' 11. La'd-P.S ff-Open SPaeebntfarsvd0 be pmvtded adj+¢mtma0 aeidendil mea in Zeoe �r 4�+4t �i.W�+aA e. Bh?F G'dveFt6•-50%.m4s. W, dzax"B`.Wlmnzoa¢-A^trotsylkC,rtl vary;n atpmbtrw¢rn ao aaaaok¢ta:p¢r rbe n. Outdoor nwng-wrdoor dsdns on rra+anroaa wul beaavu¢enanYco.erat ma t¢uraa war Cat( .. _ I COT/ n. niiP•d01ti A4etarW-Fple aiti ft�rnfd tlatuma. .. Epmeptxlm w;mm Tnoe'B"a20k«.depm d1'beprovWed Wvsrgak Plan ugSNng dnit'bo-de4WO m sae Lim tone]:aazpbble try do ]n.ru.atiogutetkxu: 1a. t:iglnaA F°' RR.r.c:r. !.MP 6E1NF {.00A.Eo IM THE a. Lot WidUt F20'mh wiaila Zone"A-Wal-spiog will be.prowdW adios«m th¢-A t.ip.n e.ov*je-d me dty of CxaPn'm^. 11ay shall be bur Ievd.dtreokd daanwank,and P•iar•d-Y from aa"a TJi014A•S . 406 b, LaI i7ePbt 1�0'into. 1-id¢orlat vaea. bight Pat-w itlun 7 rc"C'-Pds m-.d 10'to h¢igpt. Ggttted rigor en 'ry'-c...,,ti T Y - CT a«tpitiFgwo0,0m Maskrl3¢wloperwlG'Ipifaft L.noartmn wia:min h-sill or 3eaiper EAS.ER SURVE AlISTRA NO G. fronleuLd•r9JJm_Zi' y,eb-at 30 fen]on d¢ntea.T-,will be mainuintd bythe M.-m"I pit 6.a om ied of - ••" TABWNT COUNTY.TEXAS. d. 3'idG 8uddit6l:Ina-1D' Msu:!Cll aball mtbe vie blc Eoman+gle linos'vis:b,andsbdlbennordne«cioone. •a•' `. oars«Until onto land aPmt b inlWlltd nY iadivldUal lot devebpa>_ T{«a wilt not be 19. Sd�"��,.belgb 1 aped or 6oumlakeomss2 b¢nnned t ebamg,3igopem;shall Aa LOTS 493 ACRES e. Res�ulleiNtp nrta-k5 Y ovtex¢ m smea from 0-141 me lopofm¢.iga a AA fix%InpYinhmagSUackpatialCtraH�ekortta?ra.r!IN 4se approved t:gnaaP] PtasNca ae m mecriFre wim rswdns.a«a. TJtuano:tamia-ping will.bttkade.¢wdnvon, asaa� &T vapr¢tehedge¢eaanu wad adoaryatem.Altd¢ad [ williarwilttx:rar»red«d 10. 3at.oPsten •Trash rtapmcl-,as conswtrcd by future i«deslop-v rmdl b¢-&oic+ 1he£ntY of6r�an ,dmand--rot YGd Wan tmrimem.It18•kemavy alas!:taa,lrP�•PP•nYt;n¢.,,aa�.ltxr aa.na g¢ka on.0 aia¢:. 33. crosu.r,»n Tramc-Txam¢ ,arad wim say ean<knen¢a a¢f�a;n smtt br ta'•�m^d PATE rapt+ceaP¢T 1wtJ.' N1n• CaoegePlaa daoogh any ce,Sd'enuil ua-.AL eommkdoo aadviaa,nd debverf-alull m L®ud m$rOD nor 17.Trce PreSas'.@Ann Pumgs ot�Ni bA Ys aGWrd9Pw wkh F¢Gtlan$2:E of tlio 2oMng rod iandccaP•d wx mrm ddn. 67 f-&-piovballcoreiat ofwVlq aMilx. -500 pm,Moa-Sao Si bO iRGQKR11Ff.R>?R1VE. iaJ}tE i-70A.A{t{•LA•S.TEXw6 7'9 Ortrcrenea. Zf. Pdbtl¢8ightof-W Y OadlnNon-A rigbw(a?q dadtudon of 10 k«will be provided at me 33. [aeaae Traps and Ritcbtn Vtnb-bane and vents iums s7nN be lwakd away from nsldmv t M. AC B��U�-.-w-p�. �bar-1p-oog o.i.dull 4e a V-.d kom {21�)SS74$At{9 VAX(2'i s♦) Y•-a'G3$ 1g.RktPrlo Meiknittdry Alpt tar agwach inlArmNkn. +adtbeasi comer of Buntao,Tmrt and Afamo.'Fsail. Placement of the am-ind wall will be aa: ASaimcmna:ilmll occur during d¢Yfl-home. low whether roof-.a m yavnd�kuel. Ground 1¢vd torn:ab.0 b¢W.WA away ken all a0a WL""00T0p ef+aeT 1 or a to Lot.anAn Ptpvlde AiNtU2l Accoos Foramen ,Wlilsaey yaP9rete 11olt. along msv-ilinc ofmoproposed d¢r4�<a4oa. 31. T�bick Tml7i¢-Wrosate Piau auppty drtiveries.d rmh Pick-np mall oum dining Gm hums ��e•dat oxs cod wr«mded wimascrrreiog fence aa1'.-g¢uobodFami fiat itAT£t MAY 9,20DD 20. Ail axriilp tlalifiepl epndu$0ra O.apalemd with items misoikWrl eban b.'.aaatf-]t 34 Btdtdloe Gcigtm-,UlawPaxsshaL'bairoa maximum height oft n«y. ot'D00.ASm6:40lrAt.Senday mxk ae0'x still be pmkihited.