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HomeMy WebLinkAboutItem 01 - CU08-06, Z08-02 Dino's Steak House � � ��`�n� # ���� /,r Z # /� Z TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER�� SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: APRIL 15, 2008 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU08-06 AND ZONE CHANGE APPLICATION Z08-02 „ ( � r--� i � �-- � ~------------ --�� ' {ti;- APPLICANT: Dino Idoski, Izak and Joe Gregory ��— Grapevine � jLake `' 1 ���e � i --_ Ra i �_ � � PROPERTY LOCATION AND SIZE: �s y�'1' I.H.�635 � � Northwest� � The property addressed at 342 South Main Street is ds ,� �� platted as Lots 6A and 6C1, Block 2, City of v��°-P�� s �, ��a��'� � y � Grapevine and contains approximately 4,600 square , Q ; ' feet with 40 feet of frontage along South Main Street, � Hall-Johnson Sti,��,o ADP a � 45 feet of frontage along South Barton Street, and 110 feet of frontage along West Worth Street. The L LJ----� � � � property addressed at 210 West Worth Street is °' Glade Rd. _u, —�_� platted as Lots 4A and 4B, Block 2, City of Grapevine H c' 3 and contains approximately 14,244 square feet with 115 feet of frontage along West Worth Street. REQUESTED CONDITIONAL USE, ZONE CHANGE AND COMMENTS: For the property addressed at 342 South Main Street the applicant is requesting a conditional use permit to allow the possession, storage, retail sale, and on-premise consumption of alcoholic beveraqes (beer, wine, and mixed beverages in conjunction with a restaurant. As for the property addressed at 210 West Worth Street, the applicant is requesting a zone change to rezone approximately 14,244 square feet (0.327 acres from "R-7.5" Sinqle Family District to "CBD" Central Business District for the development of a public �arking lot in conjunction with a restaurant. Mr. Dino Idoski intends to convert the structure known as the"Gregory Building"addressed at 342 South Main Street into a full service restaurant with on-premise alcohol beverage sales and seating, including both upstairs and downstairs areas, for approximately 107 patrons. Required parking for the restaurant is 36 spaces. Along with the restaurant �: O:�ZCU\CU08-06.4 8 ZOS-02.4 1 April 10,2008(10:36AM) request is an additional request to rezone property addressed at 210 West Worth Street which is zoned "R-7.5" Single Family District, and currently vacant to "CBD" Central Business District to be used as parking for the restaurant and general parking for patrons of the downtown area. The applicants also intend to create parking on the vacant lot addressed at 200 West Worth Street which is immediately adjacent to the property at 210 West Worth Street and zoned "CBD" but is not a part of this request. If approved, 63 parking spaces will be made available to patrons of the restaurant and visitors to the downtown area. The Historic Preservation Commission, at their March 26, 2008 meeting, approved the proposed front elevation of the restaurant with recommendations for changes to the southern elevation which will be reconsidered at their April 23, 2008 meeting. PRESENT ZONING AND USE: The property addressed at 342 South Main Street is currently zoned "CBD" Central Business District and has been occupied by a number of uses including office uses and general retail uses. It is currently being remodeled to be used as a restaurant. The property addressed at 210 West Worth Street is zoned "R-7.5"Single Family District and is vacant. HISTORY OF TRACT AND SURROUNDING AREA: The subject and surrounding properties relative to the property addressed at 342 South Main Street were zoned "C-2"Community Business District prior to the 1984 City Rezoning at which time they were rezoned to "CBD" Central Business District. The property addressed at 210 West Worth Street was zoned "SP"Specific Use Permit prior to the 1984 rezoning. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: For the property addressed at 342 South Main Street the property immediately to the north is zoned "CBD"Central Business District and is occupied by Main Street Barbers; for the property addressed at 210 West Worth Street the property immediately to the north is zoned "R- 7.5" Single Family District and is occupied by the DFW Church of Christ. SOUTH: For the property addressed at 342 South Main Street the property immediately to the south across Worth Street is zoned "CBD" Central Business District and is occupied by Bermuda Gold; for the property addressed at 210 West Worth Street the property immediately to the south is zoned "R-7.5" Single Family District and "CBD" Central Business District and is occupied by the City's Senior Center and Information Technology building. EAST: For the property addressed at 342 South Main Street the property O:�ZCU\CU08-06.4&Z08-02.4 2 Apnl 10,2008(10:36AM) immediately to the east across South Main Street is zoned "CBD" Central Business District and is occupied by a variety of retail businesses; for the property addressed at 210 West Worth Street the property immediately to the east is zoned "CBD"Central Business and is a vacant lot used for parking. WEST: For the property addressed at 342 South Main Street the property immediately to the west across Barton Street is zoned "CBD" Central Business District and is a vacant lot used for parking; for the property addressed at 210 West Worth Street the property immediately to the west is zoned "R-7.5" Single Family District and is a single family house. AIRPORT IMPACT: The property addressed at 342 South Main Street is located partially within "Zone A"Zone of Minimal Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" Map. In "Zone A,"few activities will be affected by aircraft sounds except for sound sensitive activities such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal is an appropriate use in this noise zone. The property addressed at 210 West Worth Street is not located within any noise zone as defined on the "Aircraft Sound Exposure: Dallas/Forth Worth Regional Airport Environs" Map. MASTER PLAN APPLICATION: For the property addressed at 342 South Main Street the Master Plan designates the property as a Central Business District use and the applicant's request complies with the Master Plan. For the property addressed at 210 West Worth Street the Master Plan designates the property as a Low Density Residential use and the applicant's request does not comply with the Master Plan. /rs O:\ZCU\CU08-06.4&ZOS-02.4 3 April 10,2008(10:36AM) � � W PT _ . ��,. � ; ; , ; , „ ,� � 25 ( � ' j � � � , _ � � z„ � � � �v ' TR � � ' � ' �� � , ' ' � ; � ' _ � � ._ �; 59 I.. ... _. ... 318 _ ..._. ..._..._ _..._.._... � . .__� � � _.._ ..,; ,�. 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J - .� _ ... - _ _ _ _ _ _- - - - Q I ' �� � _ __ _ - __ _ - ; ! - � -- - - - , -- __� -- � ` o � ; , � , � �_ . _ _._ ... ... , , , ' ; ; ' o _- - R=7,.5 PO i � ; � __ . �/ _� . ; _._._...1_ - - - -�� `,._. ._ � ' ---- --. ._ _._ .1 . . .. .. .... -�_- ��,�;������ W COLLEGE ST E COLLEGE ST ������ _- --- -R=5:0 .. - - - - -- __ ._.. - -,. - _ , , -- - � , _ -- - -- - / . _..._... .. � i� � l- , - � Z08-02 ������ 1 inch equals 200 feet �� � O " ' G`�` �O�`� ����G� ��� ��-�� * �P �VI�� `�T - E R A S �� . � � CITY OF. GRAPEVINE CONDITIONAL USE APPLICATION Fo rm "A" PART 1. APPLICANT INFORMATION Name ofapplicant/agent:/company/contact ��� �� ,�.�=- � � �-- Street address of applicant/agent: <�,�°�" �, �.-. City/State/Zip Code of applicant/agent: `"� ,��9'�„'�--- '---�—� .�.� Telephone number of applicant/agent: Fax number of applicanbagent � � � S�`7 �.%,�'�.� c�,�, _ 'ta� ��. �/�` -� � ! ..��"��� Emai! �-��',� �� . ���. �r`� �`�=� �7�-�` ApplicanYs interest in subject property: , y�"'°�°"r..-�^' � : � � -^�� � � .l �'."'�.�! ' s:'�e�a5,.� FART 2. PROPERTY INFORMATION ` Street address of subject property � � � � �' �tt,�' ��`-,..�-p. Legal descripfion of subject property finetes&bounds must be described on 8 1/2"x 11"sheet) Lot ,4�'" �' ��' +�C�I Blo� Addition � t�o`o"''':.� �- l�i ����'fi��«. Size of subject property .�� / f i ,: ,,,,y, i� Ac�� � �� S uare foota e Present zoning classification: Proposed use of the prop�rfv: � ,� v d } ��"�� v � �e.? .,�� Minimum/maximum district size for conditional u.,e request.• : �..-�.. Zoning ordinance p�ovision requiring a conditiona/use: �`�;�.-. � � � PART 3. PROPERTY OWNER INFORMATION Name of current property owner. � �1 ,�. ` ���';,� �.��',��` Sfreet address of property owner.� / �+ � � (f� L�..�f�%;'�°. '"''' � :� ,�� . �ss= :� �" : City/Stafe/Zip Code of property owner. ' '� .+ �°�`�!'� '� �s-"'',�5� Telephone numbe of prope y owner. " Fax number of property owner. ��� ���� ��� Y �4. : � �� � . . ��.�� , �> � ��'�� �-�� C] Submit a letter describing the proposed conditiona/use and note fhe request on the site plan document ❑ !n 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 l2tter, describe whether the proposed conditional use will,or will not cause substantial harm to the value, use, or enjoyment o,. other property in the neighborhood. A/so, 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�ite lan submission shall meet the re uirements of Section 47, Site Plan Requirements. ❑ All conditional use and conditional use applications are assumed to be complete when filed and wil!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 wili not be tabled. ❑ Any changes to a site plan(no matter how minor or major)approved with a condifiona!use or conditional use permit can only be approved by city council through the public hearing process. ❑ I have read and undersfand all the requirements as set forth by the application for conditional use or conditiona!use permit and acknowled that all re uirements of this a lication have been met at the time of submittal. PART 4. SI�NATl1RE TO AUTHORIZE CONDITIONAL USE REQUEST�t� PLACE A CONDITIONAL USE � � �t�iJE$f SIGN ON THE SUBJECT PROPERTY �: '/, ' /,�' /�,�. ,,� /, /i� f i/�J� -i '� ,( ��` / , /�% / +" �! � 1'!f.1�:� ...+."". x�'� f�+� J ���✓' �/� f Prin} Appfi�f's ame: � A�/ica 's Sign"a ure: � , f The State of �� CountyOf ���"'�"" ' 8efore Me���/'�� .j . �,T��i� on this day personally appeared �� ,,..,,�,��'�.S k--t (notary) (applicant) known to me (�r proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considerafion therein expressed . (Sea/)Given nder m hand and sea/of o�ce this��day of ��r(���,A.D.�. ��p, - �RAFI S.W�000 � * ;� �PI�I.�C �r� �,�� ��f�$ And For State Of Texas r��"`"} ..�it�,r�++�'3i�f�i�Wi7'iiW��2Q�0 . �� ��� � �'''df�'� � � "�0`fj-�' �"7..r=-! /��f � � ���,� �� ����-� �� � Print Proper[y Owners Name: �� Prope 't0 �s Signature: The State Of �..,.�-e�`; �`� L�� � County Of ��� F �°j� Before Me ( �/V�i�1 on this day personally appeared���^ ��Y��l�.� (notary) (property own 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. �'}� (Seai)Given under my hand and seal of o�ce fhis�day of �� ,A.D.�. �Y�, [�rt'r�ORAH S.1�VC)OD * *� �(PI�tJ� ;� 1 �i�1���$ tary n And For State Of Texas �� �Y��'��.�06-01•2010 .:,�. ,. � � . } i _ . .. :> . . ���' y�9p� � � r CITY OF GRAPEVINE ZONE CHANGE APPLICATION 1. Applicant/Agent Name --LZ '¢� ��� /� ��� � Company Name �� Ce /L �/'v v�` %�'I.�l�t�� Address �. � - �� '�1�3/7 City SO(��� State 1�� Zip 7���� Phone#�(�, ����p0� Fax# C�� � �t Email Mobile#_��7. ��v • d���rj 2. ApplicanYs interest in subject property ,�(,�n�(� 3. Property owner(s) name �Z�- `���e �f� p� Address -�• �• �D� � /�� City �(���'�. State X Zip �� � 7 � � Phone # ��7• �g`' 3�� Fax # 4. Address of subject property � � � (� � � (' �`� ��C� �'" Legal Description: Lot `f��f _J� Block Z Addition C / � � Size of subject property acres square foot � Metes 8� Bounds must be described on 8 '/z " x 11" sheet 5. Present Zoning Classification /��. .� 6. Present Use of Property G�2lr�- 7. Requested Zoning District_ c �j � 8. The appl�cant understands the master plan designation and the most restrictive zone that would allow the proposed use is O:ZCUWPP-ZNCP 2 �- Y' �� 1/98 _ � f .� www.ci.grapevine.tx.us - � � r� � w" C4v� � .. � �' '; f 1� � Y..f ����� 6J 9. Minimum/Maximum District size for requested zoning 10. Describe the proposed use r�� n 11. The Concept Plan submission shall meet the requirements of Section 45, Contents of a Concept Ptan, Section 45.C. All Zone Change Requests are assumed to be complete when filed and will be placed on the agenda for public hearing at fhe discretion of the staff. Based on the size of the agenda, your application may be scheduled to a lafer date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be confinued fo fhe next public hearing. Public hearings will not be tabled. Any changes to a concept plan approved with a zone change request can only be approved by city council through the public hearing process. l have read and understand all of fhe requirements as set forth by the application for zone change request and acknowledge thaf all requirements of this application have been met at the time of submittal. 11. Signature to authorize a zone change request and place a zone change request sign on the subject property. �� � � � Applicant(print): � � . � �-� ��- C Applicant signature: n - � � �. Property Owner(print): : � �'�r � �'�t�� /; Property Owner signature: .� ,� �= �� � s�� � � , e � �; � � � .: � F � °_,. :.t.,S ., � �t � �^�� � L �lil�� V O:ZCUTAPP-ZNCP 3 1/98 www.ci.grapevine.tx.us ,.e=.��, _. � �� � �� � The State of ��_ ' i�—�� F �.�T- County of �'`�--�( �i�}-�t/T _, Before me �t Y�'�Uk � ��-� � �f���,�'��`�l-� on this day personally appeared ��,��' �F�' known to me (or proved to me on the oath of or through`�1C�t=� f� L- (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 f' �f+-�.(�_-���- , A.D. �.f%�? , ,��r`y�, ���'��-°� �,_ KIMBERLYCHqVQ ` � "--,,,��',�; MY COMMISSION EXPIRES *� ��•� ���f �/'� , �'s�'sf„;E*.•••' danuary 11,2oos NOta �� _ ry Signatu The State of County of Before me on this day personally appeared known to me (or proved to me on the oath of S or through (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 , A.D. SEAL Notary Signature O:ZCUTAPP-ZNCP 4 : �, •�' 1/98 , www.ci.grapevine.tx.us � , `� � � � �`�'� � � L�l 1�, ' .,� :� # �� � _� �. ACKNOWLEDGEMENT All Zone Change Request are assumed to be complefe when filed and will be placed on the agenda for public hearing at the discrefion of the staff. Based on fhe 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 confinued to the next public hearing. Public hearings will nof be tabled. Any changes to a concepf plan approved with a zone change request can only be approved by city council through fhe public hearing process. I have read and understand all of fhe requirements as set forth by fhe application for zone change request and acknowledge thaf all requirements of fhis application have been mef at the time of submittal. 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B ARTON STREET � All that certain tract or pucel of land lying in Tazrant County,Texas,and being more particularly describetl by metes and bounds as follows: BEGINNING at a 5/8"iron found at the Southwest comer of said Lot 4, said point fieing the Southeast comer of Lot 3,Blcek 2,of the Original Town of Grapevine,above referenced,and being in the North line of Worth Street TF�ENCE N. 1 deg.37 min.31 sec.E.along the East line of said I.ot 3, 126.57 feat to a 5/8'iron found at the Northeast corner of same and the Northwest comer of I.ot.4,Block 2,in the South line of Loc 2 of said Addirion; 1T�NCE S. 89 deg.48 min.19 sec.E.along the North line of said Lot 4 and the South line of said L.ot 2 to a 5!8'iron found iu same for comer,said point being in the West line of a tract described in Volume 4417,Page 737,Deed Records,Tauant County,Texas; , � ��' � {- � i���$ �:`� THENCE,South(Base bearing-record Volume 4417,Page 737 and Volume 9816,Page 2160)along the - West line of the tract described in Volume 4417,Page 737, above referegced, at 26.62 feet � � .� passing a 1'uon at the Southwest corner of the last referenced tract,same being the Northwest ;��'��c ,�s`� � ��}Q8 corner of a tract described in Volume 9816,Page 2160,above referenced, and continuing in all 126.59 feet to a 5/8"iron found at the Southwest comer of the last referenced tract in the North line of Worth Streer, THENCE N.89 deg.46 min.28 sec.W.along said North line,same being the South line of Lot 4,above �° �' ° � 3�;�.,,e referenced, 114.19 feet to the POINT OF BEGINNIIIG and containing 14,225 +/-aquare feet ' = 0.327 acres. �� c�- d � 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 CU08-06 FOR THE POSSESSION, STORAGE, RETAIL SALE AND ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER, WINE AND MIXED BEVERAGES) IN CONJUNCTION WITH A RESTAURANT IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS 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 PROVIDtNG 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, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this community. ORD. NO. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City does hereby issue a 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. CU08-06 to allow for the possession, storage, retail sale and on-premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant (Dino's Steak House) in a district zoned "CBD" Central Business District within the following described property: Lots 6A and 6C1, Block 2, City of Grapevine (342 South Main Street) all in accordance with a site plan approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit "A", and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the following: None. Section 2. That the City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein conditional use permit. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to secure safely from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. ORD. NO. 3 Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of April, 2008. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4 2��" ° �.`" 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 Z08-02 ON A TRACT OF LAND OUT OF THE WM. DOOLEY SURVEY, ABSTRACT NO. 422, 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-7.5" SINGLE FAMILY DISTRICT REGULATIONS TO "CBD" CENTRAL BUSINESS DISTRICT; 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, g 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 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 tight 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 welfare of this community. 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 ORD. NO. 2 amended and changed by Zoning Application Z08-02 to rezone the following described property to-wit: being a 0.327 acre tract of land out of the WM. Dooley Survey, Abstract No. 422, Tarrant County, Texas (210 West Worth Street), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-7.5" Single Family District Regulations is hereby changed to "CBD" Central Business District, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Section 2. That 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. That this ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances 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. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. ,w���., ORD. NO. 3 Section 8. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of April, 2008. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4