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HomeMy WebLinkAboutItem 03 - B-K Sizzle and Office TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, PLANNING SERVICES DIRECTOR MEETING DATE: APRIL 15, 2025 SUBJECT: PLANNING SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU24-55; B-K SIZZLE AND PROFESSIONAL OFFICE �- i l -; Grapevine 5 ' APPLICANT: Karim Mawani, Global Sky Properties 1 OoLe Ra' I PROPERTY LOCATION AND SIZE. I.H.1635 North 1 The subject property is located at 834 East Northwest Highway and is platted as Lot 2, Ruth Wall Addition. The lot contains approximately 1.0114 1 acres and has 146.10 feet of frontage along East I t sti Airpo t s Northwest Highway and 146.10 feet of frontage along 1 Hall-Johnson Aso a 1 �� ro East Wall Street. I T----.m o I LJ � I 'D Glade Rd. �, I H _ 0 REQUESTED CONDITIONAL USE, AND COMMENTS: The applicant is requesting a conditional use permit to develop a drive-through restaurant and a professional office building. The applicant intends to develop a 2,978 square foot restaurant with drive-through (B-K Sizzle) that is 18.26 feet tall and centrally located onsite. Customers will enter and exit the site from East Northwest Highway at the northwest corner of the site. The drive-through commences with dual lanes and culminating into a single lane on the east side of the building and adjacent to the east property line. Neither outdoor seating or outdoor speakers are offered. Also, the applicant intends to develop a 4,140-square-foot professional office building, which will be 24 feet tall and located on the south side of the site adjacent to East Wall Street. Parking for the office is on the north side of the office building, accessed only from East Northwest Highway at the northwest corner of the site. Vehicular access is not proposed from East Wall Street. Total required parking for the proposed uses is 36 parking spaces and 36 parking spaces are provided. PRESENT ZONING AND USE: The property is currently zoned "HC", Highway Commercial District and is undeveloped. HISTORY OF TRACT AND SURROUNDING AREA: The subject and surrounding property were zoned "C-2", Community Business District prior to the 1984 City-wide Rezoning at which time the subject site was rezoned to "HC", Highway Commercial District. The property to the south was rezoned from "R-1", Single Family District to "R-12.5", Single Family District in the 1984 City-wide Rezoning and is currently developed as the D. E. Box Addition. The property to the north was zoned "C-2", Community Business District prior to the 1984 City-wide Rezoning. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CC", Community Commercial District — Various restaurants and professional office uses, Jersey Mike's and Subs and Chiro & Acupuncture SOUTH: "R-12.5", Single Family District — D.E. Box Addition, single family residences EAST: "HC", Highway Commercial District — German Car Care WEST: "HC", Highway Commercial District — Chicken Express 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: Map 2: Land Use Plan of the Comprehensive Master Plan designates the subject property as Commercial (CO) land use. This request is compliant with the Master Plan. THOROUGHFARE PLAN APPLICATION: CU24-55.4 2 The Thoroughfare Plan designates East Northwest Highway a Type C Minor Arterial with a minimum 80-foot right-of-way developed as four lanes with a center turn lane. The Thoroughfare Plan designates East Wall Street as a Type F Collector with a minimum 60- foot right-of-way developed as two lanes. /at CU24-55.4 3 A V — 7A 4R2 5 6A 1 .725 @ .7095 @ .934 @ .8456 @ C 7A 3. L 4R2 0'91' 6XAD 5 6A 1 .725 @ .74095 @ 00 .934 @ .8456 @ 1 Q M 'socalir W W A -M SUBJECT PROPERTY . . . . . . . . . . R 51F X.0 TR 51 G . . . 5 AC .5 AC 3 .9995 @ r 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 1 R- 1 5 1 2 3 4 5 6 7 8 1 2 N 3 10 too P p A Feet 0 50 100 150 200 — CU24-55; B-K Sizzle/ Office ,GRAREVINE, T E MAI�s N 834 East Northwest Highway E This data has been compiled by the City of Grapevine'TIG'S department.Various official and unofficial sources were Date Prepared: 4/2/2025 used to gather this information.Every effort was made to ensure the accuracy of this data,however,no guarantee is given or implied as to the accuracy of said data. CONDITIONAL USE PERMIT APPLICATION AND SITE PLAN SET CHECKLISTS Current or if unplatted, proposed subdivision name(s), Gross area of parcel (to nearest tenth of block(s), & lot(s)LOT oZ , RVI�k VA L, AM acre) 1, OR tiUT� Street frontage & distance�o nearest cross stree Describe the Propos d Use Ie <-. 1 o Geis To 3' FCKG5-- 12 irwt-Qo '0 i✓icf- Proposed Zoning Existing Zoning Future Land Use Designation Subject Property Address 5 I;fib 3 q , !�W 44 xGil U/K� All Conditional Use Permit Requests are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of 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 approved with a conditional use permit request 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. lf aftersaidperiod of fourmonths 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 riling fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four-month period. I have read and understand all of the requirements as set forth by the application for a conditional use permit request and acknowledge that all requirements of this application have been met at the time of submittal. Owner Name tO l,J PZ D aSS147-T Owner Phone Number I l -t q Z,— I Company Q LO$P t 5 Y-'1 fr-O FM t-S L P Address G2 4 4,1 tCN4011 � J City Qfi� � I State T Zip Code Email �T��� 2 Planning Services Department C 200 S. Main Street• Grapevine,TX 76051 •817.410.3155 • `tr)s:Hbit.l_,/Gra,evinePlanninn Updated June 21,2024 SITE PLAN APPLICATION AND SITE PLAN SET CHECKLISTS I hereby certify that I am the property owner of the property and further certify that the information provided on this development application is true and correct. I have selected the above submittal type and representation of my own volition and not at the request of the City of Grapevine. Property Owner's Signature `— Date Zy STATE OF: c\e�As COUNTY OF: BEFORE ME, a Notary Public, on this day personally appeared �^���'''� �,O NO, 'k (printed property owner's name) the above signed, who, under oath, stated the following: "I hereby certify that I am the property owner for the purposes of this application; that all information submitted herein is true and correct." SUBSCRIBED AND SWORN TO before me, this the 1"`a day of 20 NOTARY PUBLIC in and for the State of Texas SHAMSUDDIN VERASIA * �`•*= My Notary ID#131609240 Expires June 18,2026 tu'U�1 -55 3 Planning Services Department 200 S. Main Street • Grapevine, TX 76051 • 817.410.3155 • htt s://bit.l /Gra evinePlannin Updated February 12,2024 SITE PLAN APPLICATION AND SITE PLAN SET CHECKLISTS Project Representative Information (complete if designated by owner) ❑ Engineer ❑ Purchaser ❑Tenant❑ Preparer ixOther(specify) Global Sky Properties, LP Name Karim Mawani Company Global Sky Properties, LP Address520 East Northwest Highway City Grapevine Stater Zip Code 76051 Phone 817-442-1129 Email Applicant's Signature Date STATE OF: COUNTY OF:\,Q2 Slo,nk BEFORE ME, a Notary Public, on this day personally appeared ZV\Q%JG- � ( the above signed, who, under oath, stated the following: "I hereby certify that I am the applicant for the purposes of this application; that all information submitted herein is true and correct." SUBSCRIBED AND SWORN TO before me, this the °L1"a day of ... 20 "";�:, SHAMSUDDINVERASIA `+ My Notary ID#131609240 E)Ores June 18,2026 NOTARY PUBLIC in and for the State of Texas If the legal owner of the property is a corporation, company, partnership, or Limited Liability Company, provide a copy of a legal document attached with this application showing that the individual signing this document is a duly authorized partner, officer, or owner of said corporation, partnership, or Limited Liability Company. For any individual or organization who consents to act as an agent for the entity for purposes of receiving any process, notice or demand: Entity Name or File Number: Provide a most recent public information report that includes: 1. All general partners 2. File Number U4� -S5 3. Registered agent name 4. Mailing address DEC 0 2 2024 (You may order a copy of a Public Information Report from open.records@cpa.texas.gov or Comptroller of Public Accounts, Open Records Section, PO Box 13528,Austin,Texas 78711 or go to https://mycpa.cpa.state.tx.us/coa/search.do) 4 Planning Services Department 200 S. Main Street a Grapevine, TX 76051 . 817.410.3155 . htt;,_.://bit.l,/Gra;-evinePlannin Updated February 12,2024 CONDITIONAL USE PERMIT APPLICATION AND SITE PLAN SET CHECKLISTS PLATTING VERIFICATION: To be filled out by the Public Works & Engineering Department at time of submittal It has been determined that the property described below does require platting or replatting and the applicant has been instructed on this procedure. A'N(,R,(M PLAT' ❑ It has been determined that the property described below is currently platted or does not require platting or replatting at this time. Address of subject property e�3�j UK7 N04kvWr----�1- IN 6*0 Legal description of subject property L- 1 Oz - �KV I j, UJACz, A-PDMO#kj 202�- Public Works Department Date DEC 0 2 2024 c uz4 ,55 5 Planning Services Department 200 S. Main Street* Grapevine, TX 76051 • 817.410.3155 a httns://bit.ly/GranevinePlanr' Updated June 21,2024 To: The City of Grapevine Planning Department As a proud, family-owned business rooted in Grapevine, we are excited to propose a new development in a corridor we've long been part of. Our commitment to Grapevine's growth and prosperity inspires us to continue investing in the community through thoughtful, impactful developments. Our latest project includes a modern Burger King with a dual drive-thru and a professional office building at the rear end of the property. The dual drive-thru lane is a crucial component designed to enhance traffic flow, improve safety, and meet Burger King's latest operational and design standards. By reducing congestion around the entrance and increasing service efficiency, this development will elevate the customer experience while boosting restaurant sales. In addition to benefiting patrons, this project will contribute to the local economy. Increased sales will result in higher tax revenues for the City of Grapevine, and the creation of new jobs will support economic growth. The office building will attract businesses to the area, providing professional opportunities and further diversifying the economic landscape. We are committed to ensuring that this project complements the aesthetic appeal of the surrounding area. Our development plan emphasizes thoughtful design, landscaping, and architectural elements, ensuring that it aligns with the city's vision for its future. We respectfully seek your support and approval of these plans, confident that this development will bring substantial benefits to City of Grapevine, both now and in the future. Sincerely, Al Dossani President and CEO , n Global Sky Properties L.P. c 520 East Northwest Highway Suite '100 Grapevine, Texas 76051 DEC 3 20Z4 BEING a 1.011 acre tract of land in the Archibald F. Leonard Survey, Abstract Number 946, situated in the City of Grapevine, Tarrant County, Texas, and being all of Lot 2 of Ruth Wall Subdivision, a subdivision of record in Volume 1878, Page 279 of the Deed Records of Tarrant County, Texas, and conveyed to Global Sky Properties, L.P. by Special Warranty Deed with Vendor's Lien of record in Document Number D217012182 of the Official Public Records of Tarrant County, Texas, also being all of a called 0.010 acre tract of land conveyed to Global Sky Properties, L.P. by deed of record in Document Number D224205158 of said Official Public Records, and being more particularly described by metes & bounds as follows: BEGINNING, at a 1/2-inch iron rod found in the North line of East Wall Street, a 60 foot wide public right-of-way, being the Southwest corner of said Lot 2, from which a 1/2-inch iron rod found bears S89°36'12"W, a distance of 144.90 feet; THENCE, N00023'48"W, departing from the North right-of-way line of East Wall Street, along the West line of said Lot 2, in part the common East line of Lot 1A of Ruth Wall Subdivision, a subdivision of record in Document Number D222221421 of the Plat Records of Tarrant County, Texas, a distance of 301.30 feet to a point in the South line of Texas State Highway 26, a variable width public right-of-way, being the Northwest corner of said Lot 2, also being the Northeast corner of said Lot 1A and the West corner of said 0.010 acre tract, THENCE, N89°23'57"E, along the South right-of-way line of Texas State Highway 26, being the common North line of said 0.010 acre tract, a distance of 146.10 feet to a 1/2-inch iron rod with a green plastic cap stamped "EAGLE SURVEYING"found for the Northeast corner of said 0.010 acre tract, from which a 1/2-inch iron rod with a yellow plastic cap stamped "SUR-TEX RPLS 2466"found bears N89°23'57"E, a distance of 11.14 feet; THENCE, S00°23'48"E, departing from the South right-of-way line of Texas State Highway 26, tract, along the East line of said 0.010 acre tract, passing a 1/2-inch iron rod with a yellow plastic cap stamped "SUR-TEX RPLS 2466"found for the Southeast corner of said 0.010 acre tract, being the Northeast corner of said Lot 2, also being the Northwest corner of Lot 3 of said Ruth Wall Subdivision (Volume 1878, Page 279) at a distance of 8.12 feet, and continuing along said course with the East line of said Lot 2, being the common West line of said Lot 3 for a total distance of 301.82 feet to a 1/2-inch iron rod with a yellow plastic cap stamped "SUR-TEX RPLS 2466"found in the North line of East Wall Street, being the Southeast corner of said Lot 2, also being the Southwest corner of said Lot 3; THENCE, S89°36'12"W, along the North right-of-way line of East Wall Street, being the common South line of said Lot 2, a distance of 146.10 feet to the POINT OF BEGINNING, containing an area of 1.011 acres, or 44,058 square feet of land, more or less. DEC 0,3 2024 �e Eagle Surveying, LLC PRELIMINARY EAGLE 222 South Elm Street Suite: 200 this document shall not be SURVEYING recorded for any purpose and Denton, TX 76201 shall not be used or viewed or JOB NUMBER REVISION (940) 222-3009 relied upon as a final survey 2405.056-03 _ www•eagiesurveying.com document DATE DRAWN BY TX Firm# 10194177 12/03/2024 - i Corporations Section _E._0,t+ Roger Williams P.O.Bo%13697 �5�� Secretary of State Austin,Texas 78711-3697 t Office of the Secretary of State CERTIFICATE OF FILING OF Global Sky Properties, L.P. Filing Number: 800565720 The undersigned, as Secretary of State of Texas, hereby certifies that a certificate of limited partnership for the above named limited partnership has been received in this office and filed as provided by law on the date shown below. Accordingly, the undersigned as Secretary of State hereby issues this certificate evidencing the filing in this office. f Dated: 11/02/2005 Effective: 11/02/2005 i I 0 \ Roger Williams Secretary of State C Q zo DEC 0:3 2024 Come visit us on the internet at http://www.sos_state.tx.ust Phone:(512)463-5555 Fax:(512)463-5709 TW:7-1-1 Prepared by:Linda Basler Document:107852250002 Print Review IRS Form SS-4 EIN Page I of 2 I i E 4 + Application for Employer identification Number EIN _ 20e1) (For use by employers,corporations,partnerships,trusts,estates,churches, -- e government agencies,Indian tribal entities,certain individuals,and others,) 20-3726890 P. Sees bnstructfoos for each 6rre.it' Keep a copy foryoar records.e Service eparate OMB No.1545-0003 1' Legal name of entity(or individual)for whom the EIN is being requested Global Sky Properties LP 2 Trade name of business of different from name on line 1) 3 Executor,trustee,'care of name 4a'Mailing address(room,apt.,suite ncx and street,or P.O.box) 5a Street address(if different)(Do not enter a P.O.box) 1221.E Stale HLjhway 114 4b' City,state,and ZiP code f ,raoev'ne TX 76051 - 56 City,state,and ZIP code 6- County and state where principal business is located Ccunv Tarrant State TX 7a' Name of principal officer,general partner,grantor,owner,or truster 7b` SSN,(TIN,EIN Global Sky Proeerly Develo snent LLC 20 37099s1 i 8a' Type of entity(check only one) ( Estate(SSN of decedent) r Sole Proprietor(SSN) r-Plan administrator(SSN) �Partnership r Trust(SSN of grantor) r Corporatlon fenter form number to be filed)> r Ptational Guard r State Personal Service ( !(ocal government Farmers cooperative F Federal govemmanUmilttary Church or church orqanization r REMIC r Indian tribal govammentlenterpr(ses r Other nonprofit organization(specify) k Group Exemption NO.(GEN) i 1 Tner is7eGtv1 1' fib Its corporafron,name the state or foreign country State (if applicable)where incorporated Foreign country 9` Reason for applying(check only one) Bankinq purpose(specify purpose) Open a bank account i r Started new business(specify type) r Changed type of organization(specify new type)% Purchased going business Hired employees(Check the box and see line 17, Created a trust(specify type) x �y Compliance with IRS withhoidinp requlations f-Created a pension plan(specify type) F Otner (soar !s 10' Date business started or acquired(month,day,year) 11" Closing month of accounting year NOV 2 ° 5 DEC .. 12 First date wages or annuities were paid or will ba paid(month,day,year)A'or�/fappyntis a rrithha/dingagenr,enlerdafe acomewrll:ustkeoaidlpaonresldenialierx,moalh,da r6ao................ k DEC 'r 2005 13 Highest number of employees expected in the next twelve months Note:/,`!ha appgcanf Agriculture Household Other dues aat expect to 11SVe any employees during the period,enter V............... i 0 0 2 14' Check box that best describes the principal activity of your business Health care&social assistance Wholesale-apent/broker Construction r Rental&leasing Transportation&warehousing Accommptlatipn&food service ( Wholesale-other r Real estate Manufacturing Finance&Insurance [Retail T-Other'85ecirv, 15' indicate principal line of merchandise said;speclf'rc construction work done;products produced;or services provided, Pr artvDevatoomrra �2U24 16a' Has the applicant ever applied for an employer identification number for this or any other business?........... r•yes w.No Note/f"Yes"r?Jease ccs.;�lele llnas tab and 1$1 1613 if you checked"Yes'on line 168,give applicant's legal name and trade name shown on prior applicationrf different from line i or 2 above. Legal name t Trade name 160 Approximate date when,and city and state where,the application was filed.Enter previous employer identification number if known. Approximate date when filed(month,day,year) City and state where flied Previous EIN I I Complete section only if you want to authorize the named individual to receive the entlys FfN and answer questions about he completion ortfusform Third Designee's name j Party Desgrtee*stelephonenumber(indudeareacode),A,jttin Kotadia Designee Address and ZIP code ( 8i7) 8- 0261 1500B Ncraocd Dr 207 Hu t TX 76054- Designee's fax number(Include area code) ( 817) 886- 0362 Under penalties of per)ury,l declare that I have examined this application,and to the best of mY knowledge and belief,it is trua, I( cormcf,and complete. I licanfe A telephone ntxnber{inek h1e area code)Name and title(type or print clearly) Pp https://sa.www4.irs.90v/sa_vign/review.do? 11/3/2005 i Print Review IRS Form SS-4 EIN j Page 2 of 2 -QtbaaSky Property Develcoment LLB Spature Not Required 3JZ) 421 - 7474 Ime November 03,2005 GMT Appficanrs fax number Rinclude area code) https://sa.www4.irs-gov/s4_vign/Teview.do? 11/3/2005 i GLOBAL SKY PROPERTY DEVELOPMENT, L.L.C. RESOLUTION AUTHORIZING COMPANY TO ACT IN CAPACITY OF GENERAL PARTNER 1,the undersigned,being the Manager of Global Sky Property Development,L.L.C. ("Company"),having considered the risks and benefits of the Company assuming the duties of General Partner of Global Slay Property Development,L.L.C. ("Limited Liability Company") and having determined that such activity is in the best interest of the Company,hereby RESOLVED,that this Company is authorized to act as the General Partner of the Limited Partnership. FURTHER RESOLVED,that Anwar A. Dossani, as the Manager of the Company,is authorized to sign any and all documents on behalf of the Company to effectuate the Company's role as General Partner of the Limited Partnership. FURTHER RESOLVED,that Anwar A. Dossani is authorized to take all necessary action and to f sign all necessary documents on behalf of the Company as the General Partner of the Limited Partnership for purposes of carrying out the duties and obligations of the Company as General Partner for the Limited Partnership. Adopted this 2nd day of November,2005 ANWAR A. DOSSANI,Manager f I f DEC ®,3 2024 RESOLUTION AUTHORIZING COMPANY TO ACT IN CAPACITY OF GENERAL PARTNER-Page Solo i ORDINANCE NO. 2025-012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT CU24-55 TO ALLOW FOR A DRIVE-THROUGH RESTAURANT AND A PROFESSIONAL OFFICE BUILDING AT LOT 2A, RUTH WALL ADDITION (834 EAST NORTHWEST HIGHWAY) IN A DISTRICT ZONED "CC", COMMUNITY COMMERCIAL 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); 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 and 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 characterof 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Ordinance No. 2025-012 2 CU24-55 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 CU24-55 to allow for a drive-through restaurant (B-K Sizzle) and a professional office building in a district zoned "CC", Community Commercial District within the following described property: Lot 2A, Ruth Wall Addition (834 East Northwest Highway) 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. 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 Ordinance No. 2025-012 3 CU24-55 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 15th day of April, 2025. APPROVED: William D. 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