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HomeMy WebLinkAboutItem 02 - Z99-22 & CU00-54 Lonesome Dove cGTEM # PiZ �, z TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES r� MEETING DATE: NOVEMBER 7, 2000 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z99-22 AND CONDITIONAL USE APPLICATION C000-54 1 , r---I I I I I 1 — F. -- Grapevine 5? APPLICANT: Mr. Willie Infeldt 0 y Lake I —— e Ra. � I i 1.H.1635 0 Northwest i PROPERTY LOCATION AND SIZE: food,p,4e: ? �•, The subject property is addressed as 2299 s DFW ; Lonesome Dove Road (for mailing purposes) and is h" Hall-Johnson Airport physically located at 2005 Foxfire Lane. The site is 1 ,� EO a ---L-10 proposed to be platted as Lots 1 and 2, Block 1, m Glade Rd. J Lonesome Dove Ranch. The property contains 63.186 acres. Lot 1 has 22 feet of frontage along 3 Foxfire Lane and Lot 2 has 1,011 feet of frontage along a future roadway yet to be named. REQUESTED ZONE CHANGE/CONDITIONAL USE AND COMMENTS: The applicant is requesting a zone change to rezone 63.186 acres from "R-20" Single Family District to "RA" Recreational/Amusement District and a conditional use permit for on-premise consumption of alcoholic beverages (beer, wine and mixed drinks) in conjunction with the operation of an existing recreation/amusement based business The applicant currently operates a recreation/amusement based business on the site focusing on corporate-sponsored events with a variety of outdoor activities such as horseback riding, volleyball and softball along with catered food and occasional alcoholic OAZCL1299-22.4 1 October 31, 2000(10:58AM) beverage consumption. The applicant in late 1999 moved a building to the site without first seeking a Move-In Building application granted by the Council. Since the business has been operating in a nonconforming status since its annexation into the City of Grapevine in 1994, it was determined that the applicant should seek the appropriate zoning for the existing use and comply with the Master Plan for this area of the City as well as seek approval of a Move-In Building application. The applicant will also appear before the Board of Zoning Adjustment at their December 4, 2000 public hearing seeking a variance to Section 58, Parking, Loading and Outside Storage Area Standards relative to paving of existing parking areas throughout the site. The applicant will be requesting a complete variance to the paving requirements which would allow the continued use of existing gravel parking areas. PRESENT ZONING AND USE: The property is currently zoned "R-20" Single Family District and is developed as a recreation/amusement based business. HISTORY OF TRACT AND SURROUNDING AREA: The subject property was annexed into the City of Grapevine as part of an approximate 300 acre annexation from the City of Southlake and the Corps of Engineers which was approved by Council on November 2, 1993 (Ord. 93-49). This property received the "R-20" Single Family Designation upon annexation. Most of the property is unplatted and vacant with some single family homes, Lonesome Dove Ranch, and three mobile home parks: Lakeview Village Mobile Home Park, Sandlin Trailer Park, and Kennels Trailer Park. Zone Change request Z99-22 (Ord. 00-22)was approved by Council at the March 28, 2000 joint public hearing which allowed for a zone change of 51 acres from "R-20" Single Family District to "RA" Recreational/Amusement District for the development of a golf course and other related outdoor amusements located south of the subject site. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "GU" Governmental Use District—City of Grapevine park land and Corps of Engineer property SOUTH: "RA" Recreational Amusement District—vacant property—proposed golf course EAST: "GU" Governmental Use District—Corps of Engineer property, Grapevine Lake 0AZW299-22.4 2 October 31,2000(10:58AM) WEST: "R-20" Single Family District—vacant property, unplatted single family homes AIRPORT IMPACT: The subject tract is not located within any of the noise zones as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Recreational/Amusement land use. The applicant's request is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: Foxfire Lane is not a designated thoroughfare as shown on the City of Grapevine's Thoroughfare Plan. /rs 0:\ZCU\Z99-22.4 3 October 31,2000(10:58AM) GU GU �s 1M AC it a123 AC GUK` 7 AI�J mill...IN....Momi-................. ......... .......... .......... .................................. .................... ................... .............. ............................. ............................ .................. .......................9— ..........-.—....... 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COMPANY NAME t'uE � v�y p� I,oNE�©M� "DvJE t iNG ADDRESS 2S cl q L_owe..�o,rnC Volt CITY 4�Qof� L Ak6 STATE _rC)(A!�, ZIP 1& 092 PHONE # ill - 32q- 1I0D FAX# 31-1 bz - IIno 2. APPLICANT'S INTEREST IN SUBJECT PROPERTY ow ti6 0- t-fE i'2ANG N of L ot.�ESca�'t pOV E� j(t)G 3. PROPERTY OWNER(S) NAME ADDRESS 22 ENE�,om r~ ®dti CITY >'oott0LAk.E STATE ZIP PHONE #�i` 17 " 3 Zq - 1 toa FAX# wEyT of parzvc r o v 4 EA5'f t?F I.ou�&on�� 4. ADDRESS OF SUBJECT PROPERTY rN T�t� '�'�'' ' * µpi' -5y, A-day LEGAL DESCRIPTION: LOT BLOCK ADDITION SIZE OF SUBJECT PROPERTY 63,196 ACRES 2�5;� SQUARE FOOTAGE METES & BOUNDS MUST BE DESCRIBED ON 8 1l2" X 11" SHEET 5. PRESENT ZONING CLASSIFICATION 40 6. PRESENT USE OF PROPERTY i2�GtL>GA'fioNAL AmUSr Y►1ENr 7. REQUESTED ZONING DISTRICT (ZA r 7512 CT m 8. THE APPLICANT UNDERSTANDS THE MASTER PLAN DESIGNATION AND THE MOST RESTRICTIVE ZONE THAT WOULD ALLOW THE ^PROPOSyED USE IS V%�'M'L.f) '' 'S2 1-tC ( . o2cu\appzn-op 2 5/99 www.ci.grapevine.tx.us 9. MINIMUM/MAXIMUM DISTRICT SIZE FOR REQUESTED ZONING 1999 1 1} ;3.'. DESCRIBE THE PROPOSED USE lZ5C'Q6A-r1ott 1AMy'-i6rv1GK)-V 'Q150tisV 11. THE CONCEPT PLAN SUBMISSION SHALL MEET THE REQUIREMENTS OF SECTION 45, CONTENTS OF A CONCEPT PLAN, SECTION 45.C. EFFECT OF CONCEPT PLAN ALL SUBSEQUENT SITE PLANS SHALL CONFORM TO THE CONCEPT PLAN SUBMITTED WITH THE ZONING APPLICATION. All Zone Change Requests 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. l have read and understand all of the requirements as set forth by the application for zone change west and acknowledge that all requirements of this application have been met at the time of n Abmittal. 12. SIGNATURE TO AUTHORIZE THE FILING OF A FINAL SITE PLAN. APPLICANT (PRINT) 44- APPLICANT SIGNATURE OWNER (PRINT) 16 1tj F fi� �-v r OWNER SIGNATURE 113j-Q�- o:zcuiappzn-cp 3 5/99 www.ci.grapevineAx.us ACKNOWLEDGEMEN 0 1999 All Zone Change Request 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. I have read and understand all of the requirements as set forth by the application for zone change request and acknowledge that all requirements of this application have been met at the time of submittal. Signature of Applicant Date: Signature of Owner Ut) '0 Date: 1 Z �' f o:zcuiappzn-cp 5 5/99 www.ci.g rapevine.bc.us DEC-03-99 01 :56 Ptl STARNES Cr_,ri_+_a I t. i r+? 817 2E5 43 e State � of e �� s U6r� 9 ' 9 County of Before me JL Am it on this day personally appeared -�- V �orknown thmu h o m (sr ved to me on the oath of identity card or other document to be —�� — (descri do 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 n Given under my hand and seal of office this _ day of i11-N� e . , A.D. 1 SEAL otary Signature E:ml a State of e a i County of_ .!J 1 I AS Before me -3 p Von this day personally appeared i 7=.k P, ,Lj- t- known to me (or roved to me on he oath of or through 5 (description of identity 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. Given under my hand and seal of office this day of- fie :-�, ..,•_, A.D. Cl SEAL Notary Signature SARA MY COMMISSION EXPIRES APRIL 1,2002 ozw\appzn-cP 4 www.ol.grapevine.ix.us 5199 LONESOME DOVE RANCH LEGAL DESCRIPTION 1999 BEING A TRACT OR PARCEL OF LAND OUT OF THE J. J. DWIGHT SURVEY. ABSTRACT $M55, THE L. LINCOLN SURVEY, ABSTRACT #981, THE A. B. CATE SURVEY, ABSTRACT #1983. AND THE A. S. HARRIS SURVEY. ABSTRACT #707, SITUATED IN TARRANT COUNTY, TEXAS, AND MORE PARTICULARLY A PART OF A CERTAIN 187.723 ACRE TRACT OF LAND AS SURVEYED BY J. R. DUNAWAY IN OCTOBER 1976, AND THIS PART IS DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A U.S.A. CONCRETE MONUMENT #C-26OF-4, THE EAST LINE OF THE L. LINCOLN SURVEY. AND THE WEST LINE OF THE G. B. CHANCELLOR SURVEY. SAID MONUMENT BEING N 00018,40 W, 290.00 FEET FROM THE SOUTHEAST CORNER OF SAID LINCOLN SURVEY; THENCE S 82°21'15 W, 1050.92 FEET; THENCE S 88036'45" W, 1356.10 FEET; THENCE S 11°33'00" E, 259.67 FEET; THENCE N 84°3445" W, 287.29 FEET; THENCE N 00'37'30" E. 555.21 FEET: THENCE N 89°54'40" E, 460.85 FEET; THENCE N 00°11'50" W, 974.01 FEET; THENCE N 89°58'45" E, 855.12 FEET; THENCE N 01012'20" E. 435.41 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE N 01°12'20" E. ALONG THE WESTERLY LINE OF SAID 187.723 ACRE TRACT. A DISTANCE OF 794.41 TO AN IRON PIN FOR CORNER IN THE SOUTH LINE OF THE A. B. CATE SURVEY; THENCE N 89°03'25" W, ALONG THE SOUTH LINE OF SAID CATE SURVEY AND ALONG A FENCE A DISTANCE OF 83.16 FEET TO AN IRON PIN FOR CORNER; THENCE N 00°03'35 W, ALONG THE WESTERLY LINE OF SAID 187.723 ACRE TRACT AND ALONG A FENCE CROSSING THE NORTH LINE OF SAID CATS SURVEY. A DISTANCE OF 1089.88 FEET TO A 1" IRON PIPE AT THE NORTHWEST CORNER OF SAID 187.723 ACRE TRACT; THENCE N 89°45'00" E, ALONG THE NORTH LINE OF SAID 187.723 ACRE TRACT AND ALONG AN IRREGULAR FENCE A DISTANCE OF 1310.63 FEET TO A U.S.A. CONCRETE MONUNENT $0 2-1; THENCE N 10°45'00" E 17.77 FEET TO A U.S.A. CONCRETE MONUMENT sell-1; THENCE N 89021'00" E, ALONG THE NORTH LINE OF SAID 187.723 ACRE TRACT. A DISTANCE OF 540.28 FEET TO A U.S.A. CONCRETE MONUMENT tC-209-1-21; THENCE SOUTH ALONG THE EAST LINE OF SAID 187.723 ACE TRACT AS FOLLOWS: S 50037'15" E. CROSSING THE EAST LINE OF THE J. J. DWIGHT SURVEY, SAME AS BEING THE WEST LINE OF THE A. S. HARRIS SURVEY A DISTANCE 469.92 FEET TO AN IRON PIN; S 60°00'20" W. AGAIN CROSSING THE COMMON LINE BETWEEN SAID SURVEYS, A DISTANCE OF 649.95 FEET TO A U.S.A. CONCRETE MONUMENT #C-209-1-19t S 48°11'00 E CROSSING THE SOUTH LINE OF THE J. J. DWIGHT SURVEY, SAME BEING THE NORTH LINE OF THE A. B. CATE SURVEY, A DISTANCE OF 460.33 FEET TO A U.S.A. CONCRETE MONUMENT C-209-1-18, AND; S 25°21'20" W. 7.75 FEET TO A POINT FOR CORNER; THEME WEST 1010.85 FEET TO A POINT FOR CORNER; THENCE SOUTH CROSSING THE A. B. CATE SURVEY A DISTANCE OF 288.03 FEET TO A POINT: THENCE S 15031'30" W, 415.65 FEET TO A POINTt THENCE SOUTH 289.29 FEET TO A POINT FOR CORNER; THENCE WEST 970.89 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED AND CONTAINING 63.186 ACRES OF LAND. RECEIVED SEP 2 2 2000o� PLANNING VINE T $ X A S CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1.APPLICANT INFORMATION Name of applicant/agent. �l•t c�� /.y v c>fo o r T.t� X-4 vew or to v�-ro�E Dove- /Afic. Street address of applicant/agent: 2 Z 9 9 City/State/Zip Code of applicant/agent. d,e ADF t11 A1, T xq,r 741rD92 Telephone number of applicant/agent: Fax number of applicant/agent. A 7- 329- elD4 I A/7- 324-Ilev Applicant's interest in subject property., dG-'.v�•2 PART 2. PROPERTY INFORMATION Street address of subject property 22 99 ZPA1X40.►r f Oo&v A�0�90 Legal description of subject property(metes&bounds must be described on 8 1/2"x 11"sheet) V"EE �TTACNED -,'iAze of subject property 411 AV,? Acres 2©S"Q 9Q Square footage Present zoning classification: Proposed use of the property., /Z— Z10 1 1�FFGee47-1DAd46 o&-oe oweA.-r Minimum/maximum district size for conditional use request: ,/ftml 44f/6O1A16 �YX/��T A9 Zoning ordinance provision requiring a conditional use: ATr .n oG �.f AQLGFf' PART 3. PROPERTY OWNER INFORMATION Name of current property owner. TF •P,�Avcsi Or CoAdd V We t4244 lAvo Street address of property owner. 4�Z9 9 ` Ap'f cfD o p 'F ,4 0 City/State/Zip Code of property owner 7 .r9.r �;W4Z Telephone number of property owner: Fax number of property owner. Ali- - //00 ❑ Submit a letter describing the proposed conditional use and note the request on the site plan document ❑ 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. Application of site plan approval(Section 47,see attached Form B). The site plan submission shall meet the requirements of Section 47,Site Plan Requirements 2 RECEIVED SEP 2 2 2000 ❑ All conditional use and conditional use applications are assumed to be complete when filed and will be placed o t ublic 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 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: Applicant's Signature: ;. The State Of TE X 4 f County Of T.9,E�4 A,*-,r Before Me %�/' E v i " on this day personally appeared (notary) (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. (Seal)Given under my hand and seat of office this 0 lam' day of A.D. SARAH ABRAHAM f MY COMMISSION EXPIRES l��_c /� 2? APRIL 1,2002 No In And For State Of Texas Print Property Owners Name: Property Owner's Signature: 7i(E &vw, lac. Vlgele I.AlylEtDr The State Of rezgx County Of 7,q 44 44,17- Before Me V��� V.i�����'�'- I��---, on this day personalty appeared C (notary) T (property owner) 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. (Sea!)Gi i ��� day of ! ,17�r��'C �-.A.D. SARAHAbRAHAM ` MY COMMISSION EXPIRES S 7 ` L aFF ""� .`J . APRiL 1,�002 No ry In And For State Of Texas 3 R E F RECEIVED SEA ACKNOWLEDGEMENT pLA N N j N stP 2 2 2000 t 1 `ANNIIVG 1 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 riling fees. The application, along with the required riling fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications before the Planning and Zoning Commission and City C, ouncil created by city staff shall not be considered a part of the four month period. "l 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 ofApplicant Date: 9- 2 le-.AO l i Signature of Owner Date: g-22-69D 6 ORDINANCE NO. AN ORDINANCE AMENDING 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 OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z99-22 ON A TRACT OF LAND OUT OF THE J.J. DWIGHT SURVEY, ABSTRACT NO. 455, L. LINCOLN SURVEY, ABSTRACT NO. 981, A.B. CATE SURVEY, ABSTRACT NO. 1983, AND THE A.S. HARRIS SURVEY, ABSTRACT NO. 707, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-20" SINGLE FAMILY DISTRICT REGULATIONS TO "RA" RECREATIONAL/AMUSEMENT DISTRICT REGULATIONS; 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 A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinances 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 these requested changes 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 u 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 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 change 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, the 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, the City Council further considered among other things the character of the 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 zoning change, 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 does find that the change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; 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 change in zoning 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 a change in zoning classification 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 j 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 of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z99-22 to rezone the following described property to-wit: being a 63.186 acre tract of land out of the J.J. Dwight Survey, Abstract No. 455, L. Lincoln Survey, Abstract No. 981, A.B. Cate Survey, Abstract No. 1983, and the A.S. Harris Survey, Abstract No. 707, Tarrant County, Texas (2299 Lonesome Dove Road), more fully and completely described in Exhibit"A", attached hereto and made a part hereof, which was previously zoned "R-20" Single Family District Regulations is hereby changed to "RA" Recreational Amusement District, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Section 2. The City Manager is hereby directed to correct the official zoning map of the City of Grapevine, Texas to reflect the herein change in zoning. 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 ordinances 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. 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 7th day of November, 2000. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4 ctkoc'-5y 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 CU00-54 TO ALLOW THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE, AND MIXED BEVERAGES) ALL IN CONJUNCTION WITH THE OPERATION OF A RECREATION/AMUSEMENT BASED BUSINESS IN A DISTRICT ZONED "RA" RECREATION/AMUSEMENT 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; 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 v 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 No. C000-54 to allow the possession, storage, retail sale, and on-premise consumption of alcoholic beverages (beer, wine, and mixed beverages) all in conjunction with the operation of a recreation/amusement based business in a district zoned "RA" Recreation/Amusement District within the following described property: Lot 1, Block 1 Lonesome Dove Ranch (2299 Lonesome Dove Road) 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. ORD. NO. 3 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. 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. That this ordinance shall become effective from and after its date of passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the 7th day of November, 2000. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the day of "IJ2000. APPROVED: ATTEST: ORD. NO. 4 APPROVED AS TO FORM: ORD. NO. 5 6�,�TTTT,� o "A"Th AT,* T—T T� 7-7 ......... o, T, No nT 1-0 oz,W, 0 :,=own SEV R AWT,XT), VIWAV TO', Ko" RV) TO �Wgx- 0 2 i i -�io o�-7� ask T 7-so WIN_ --N 77770y A, Own As, 13 IF Q Mot "": Yyy 6, 411 Mylp IV, Rpm 6 77 Muhl It A 'x, ZI S"'o?9 , ,i I �1 . - 0 "Q W I, L of Zook ,A T o: VW Ac, Z, A 12 AT V o o� Saw oil 1, W I - ��o-�T "i", T: Z VIA- 17 oil T PTLANN N wo-ZZ aj ANk Z ,tv If-7 2 ", I I �, , -1 ", ': % , , TT� 'Ammmew , , I ' Zvi ".Z Now*, Z *777 ............ .......... 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RADIUS DEL r "*,ME4TAL_ T-49'35 90.001 Aw LOT 2 E DIST-RIC �ET60.001 39' 53 BLOCK I A 140.00' 39053 104r8bfQ.9681"`S.,F. 210 10 �9 `�4074'ACRES'-,, 35 STI 560----------- 0 I NG 60' R.O. ---------- --------------- (FOXFIRE LANEI VOL. 13599 �443 A Z2 PG. 2 N 90*00'*00""E CHAFED--BUILDING F.F. = 564-45' IN 00- 13'22 0 11950' S-F. 4?2 _. 21 94 DECK < pp 0 I C; --- --- 4 Cis oll ! c 792 ST, Ci 0 C)l MET BARN 560 ST 25' B.L. D OVED) z PUBLIC R.O.W. OW 92 CONNECTION T 0f. IN 90'00'00"W 1853.52' • Zn. pp C. MONUMENT FND. - \ ­ � po CONIC. MONUMENT C_� 2 1 Vv_ T -EX 30' R.0,W' 330, "V'90-00,00-W -/ 209-1 -18 --I pp N' 900 00,oo* '4".65 5' 7 600- / N-9-0-0- 0 1 o 00',,l" 0- 5 7 ,, 751 49.12' N 75T5'47'TV- tO FT STEPS WOOD DECK EN'rRy HANDICAP 10, 'x 183 RAMP IFL LDS DIR, FBI I � L DOOR .0' STAGE ' WINDOWSGLASS 7. ' STEPS GLASS DANCE FLOOD WINDOW� 36 X 40' 14'METAL CONCRETE LIB ILd DOUBLE GLASS DO PORCH DOOR MAIN BLDG. RAISED DECK ro, FINISHED LOELEVATION 2 t ` MEN TMETAL STEPS ELECTRIC METER BOX A/C 2 PJC 'UNIT UNIT r UNr �`DOOR UNIT UNIT Y WNr)0 OFFICE I(B;x ` I s 00 NA s4 Maya ftim too 1. C ITIC ,L @� SE I EQU T FO 'TH SALE, STORAGE, St WNE v :, "tom e*'RAVI AND OW PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGESEXHIBIT t ' Diu (60ER,WINE,AND MIXED IneV i ). AWN W111WOWN* MAIN BUILDING I'LO R PLAN FOR . THE ENTIRE:SITE IS THE PREMISE, LOT 1 OF £, DOVE RANCH me L"nolle Dove "ricif mMvc'T'PAWmum CURRENT ZONING PROPOSED ZONING RA