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Home My WebLink AboutORD 1988-025 TO: SITE PLAN REVIEW COMMITTEE MEMBERS � FROM: STEPHEN D. KINDRICK, PLANNER II � �,.��zS DATE: NOVEMBER 30, 2000 SUBJECT: CONDITIONAL USE REQUEST CU00-61, POOCH PALACE RECOMMENDATION Staff recommends the Site Plan Review Committee consider the applicant's request to allow a grooming and boarding service where small animals are kept overnight at property located at 2100 West Northwest Highway, Suite 205 and platted as Lot 4, Grapevine Plaza Addition and take any other action necessary. This will amend the previously approved site plan associated with CU88-03 for a veterinary clinic. BACKGROUND INFORMATION The applicant proposes to establish a boarding and grooming service for small animals at 2100 West Northwest Highway, Suite 205. This space was previously occupied by a veterinary hospital without overnight boarding as a primary use. The veterinary clinic was allowed to keep small animals overnight for observation by the previously approved conditional use. If approved, the conditional use would allow the applicant to establish a � grooming and boarding service in the space previously approved for a veterinary clinic. /sk �, � O:�ZCU\CU00-61.4 � � D c. D -I �-. z m �� z .. m � � W �� < -�,` o >' z � � A� m ` m �`-�o �l � �-�- z � g �t, �', o , �,� ° � � > � �n ;� � '� mO � aw3,�' �� .•I o i�r,v'" o ► a = w �_ w � � W Q �. w � -� Z cc w � m Z LtJ Z � Q � pa � � � N � C N {. U �� U U 3 � � to co 2 �Q. 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PERMIT; PROVIDING A PENALTY NOT TO EXCEID THE SUM OF 'I'W� TfiOUSAND DOLLARS ($2,0 0 0.00) _ AND A SEPARATE OFFENSE SHAIZ BE DEII��:D CpMMITTID UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECLARING AN II"IERGEDICY ,�-� Wf�RF,I�S, an application was made requesting issuance of a conditional use permi.t by making applications for same with the Planning & Zoning Cca�un.ission �� 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 WHEREA.S, 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 frca�► fire hazards and measures for fire control; protection of adjacent property from flood or water damages, noise producing eleznents, 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 e�pected to be generated by' the , proposed use around the site and in the i�nediate 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 pr�notion 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 WI�REAS, 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 permi.t 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 su�nission of evidence at a public hearing; and Wf�ZEAS, 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 Wf�REAS, the City Council of the City of Grapevine, Te�as, does find that � '� there is a public necessity for the granting of this conditional use pennit, that the public demands it, that the public interest clearly requires the an�ndment, 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 invest7nent was made; and HI�REAS, 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 Wf�REA.S, 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 prcxnote the general health, safety and w�lfare of this community. NOW, THEREF'ORE, BE IT ORDAINID BY 'I'HE 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 ]mown as Appendix "D" of the City Code, by granting a conditional use permit for the operation of a veterinary facility, with an�mals being kept overnight withi.n an enclosed structure during periods of treatment only and not to be a kennel in a district zoned "CN" Neighborhood C�rcial under City of Grapevine Ordinance No. 82-73 within the following described property: Park Place Shopping Center, Suite No. 207, 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: 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 pur�ose of promoting health, safety, morals and the general welfare of the cc�nmunity. 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 frcgn 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 nonnal business, commercial needs and develognent of the cc�nurnanity. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the garticular uses and with a view of conserving the value of buildinqs and encouraging the most appropriate use of land throughout the community. Section 5. This ordinance shall be ctanulative of all other ordinances ot 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 or corporation who shall violate any of the provisions of this ordinance or fail to comply therewith, or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed statement or plan sutmitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than 'Itao Thousand Dollars ($2,000.00) , and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises, or gart thereof, where anything in violation of this ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person, or corporation �nployed in connection therewith, and who may have assisted in the cc�nission of any such violation, shall be ' n shall be fined a s herein guilty of a separate offense and upon convictio provided. The City of Grapevine, likewise, shall have the power to enforce the provisions of this ordinance through civil court action as provided by State law. Section 8. The fact that the present zoning ordinance and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, mr�rals, 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. � PASSID AND APPROVID BY TI-� CITY COUNCIL OF THE CITY OF GRAPEVINE, TFXAS on •this the 1 Si-h day of Mar�h , 1988. APPROVED: G�G�� Mayor ATTF.ST: _ � . 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