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HomeMy WebLinkAboutItem 06 - CU09-10 First Presbyterian Church of Grapevine CTEM@IJ__ P4 If TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ``°; .` SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTORV MEETING DATE: MAY 19, 2009 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU09-10 It I ry;-- c__ ( • Grapevine y?1 APPLICANT: First Presbyterian Church of Grapevine I 0 Lake °V _ Sandor Babos XjI.H.635 _;11111 PROPERTY LOCATION AND SIZE: The subject property is located at 1002 Park DFW Boulevard, and is platted as Lot 1, Block 1, First S Hall-Johnson ti� Airport Presbyterian Church Addition. The addition contains L1 4.265 acres. The property has 455.59 feet of m Glade Rd. I d _ frontage along Park Boulevard and 364.08 feet of frontage along Yellowstone Drive. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to allow a ground sign with changeable copy in the "R-7.5" Single Family District for an existing church. The applicant's intent is to replace a damaged ground sign with a new five foot sign. The new sign is 32-square feet, and will be a combination of internally lighted and changeable copy in the form of an electronic message board. Approximately 30-percent of the face of the sign is proposed to be changeable copy. No other on-premise signs are present on the subject site. PRESENT ZONING AND USE: The property is currently zoned "R-7.5"Single Family District and is developed as a church. O:\ZCU\CU09-10.4 1 May 11,2009(9:36AM) HISTORY OF TRACT AND SURROUNDING AREA: mod.. The subject property was rezoned in the 1984 City Rezoning from "R-1" Single Family District to"R-7.5" Single Family District. The surrounding area i.e. Park Place Section III, Park Place First Section, Winding Creek Estates Section II along with the single family residence on acreage southwest of the subject site were rezoned from"R-1"Single Family District to "R-7.5" Single Family District. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-7.5" Single Family District— Park Place Section III Addition SOUTH: "R-7.5" Single Family District— Park Place Section I Addition EAST: "R-7.5"Single Family District—Park Place Section I and Section III Additions WEST: "R-7.5" Single Family District — Winding Creek Estates Section II and a single family residence on acreage AIRPORT IMPACT: The subject tract is not located within any "Zone" as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. MASTER PLAN APPLICATION: The Master Plan designates the subject property Residential Low Density. This request is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates Park Boulevard a Type A, Major Arterial requiring 100 feet of right-of-way developed as six lanes with a median. /at 0:\ZCU\CW9-10.4 2 May 11,2009(9:36AM) `--- 22 15 20 R-MF-2 22 II 1 om 21 16 21 40 39 38 37 G "'35 34 33 32 31 30 PN.. 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Al E7 Cp o - 5 Z - ..29)2 Applicant's interest in subject property: RrPLAC L LK/ST/Arel. s 16Itsi 174 A W4s i r72o Y7p gY A �/L., /ear, PART 2. PROPERTY INFORMATION Street address of ubject props ( DOS LE lei Legal description of subject property(met°C R hounds must be described onn 81/2"x 11(" heet) �) Lot 1 Block ' Addition .6.' F$'{'�I tries 6Ni 4 r i Q r1 C�l.Cr c h G�O[17 Size of subject property / G, 4, 2,(e5 5 I Acres / 2✓ , //� b f� 7 Square footage Present zoning classification: Proposed use of the property: fZ7 NT0 C it1�A)GE Minimum/maximum district size for conditional use request: Zoning ordinance provision requiring a conditional use: PART 3. PROPERTY OWNER INFORMATION Name of current opertyowaer: _ 1-'( rs-I- Pre s hy- eriar On lit rch 6ro..peJt'r\€ Street address of property owner: !tea , Park (skid Ci /State/Zip Code of property owner: P r y ' T '1 1 Telephone number of properti owner: Fax number of property owner: X17 - 4,9e 5167 /j1/ I/VI .- //45 APR 0 6 2009 CUDQ- 10 ❑ 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. ❑ All conditional use and conditional 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 maybe 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. ❑ I 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 3 14--nrQ 3 A-60, 411■- 14-t-- Print Applicant's Name: Applicant's Signature: The State of r t y C--S County Of 7 4 rf A.J 7' Before Me krfl t`T 74—(J a erJ v j Z on this day personally appeared 3 4.4/1-0 /- B e/ 4, 0,5 (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_,.e, acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal)Given under my hand and seal of office this day of 4, / (% ,A.D.r) U z .N = My COM1AISSION EXPIRES Not'In And For State Of Texas puguat15,2011 Print Property Owners Name: Property Owner's Signature: The State Of County Of Before Me on this day personally appeared (notary) (properly 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. (Seal)Given under my hand and seal of office this day of ,A.D. Notary In And For State Of Texas APR 0 6 2009 ACKNOWLEDGEMENT C abC1- 0 All Conditional Use and Special Use Applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes to a site plan (no matter how minor or major) approved with a conditional use or a special use permit can only be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. If after said period of four months an application has not been scheduled before the Commission and Council said application shall be considered withdrawn, with forfeiture of all filing fees. The application, along with the required filing fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four month period. I 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. Grrr� Signature of Applicant - Date: 62/14- Signature of Owne Date: 4 -i ^06) APR 0 6 2009 CAAOC1— /1) R1 A N 'S''' c Fi't4 Pneabgte'&iau Ckwcck A W 43 r) o- Robert S.Crilley,Pastor U S 11/4) Jodi S. Drake,Associate Pastor 1002 Park Boulevard Jodi Haun,Director of Christian Education Post Office Box 372 Metro: (817)481-7129 Fax: (817)481-1145 Grapevine,TX 76099-0372 City of Grapevine April 6, 2009 Development Services—Planning Div 200 S. Main St Grapevine, TX 76051 Dear City Council&Zoning/Planning Staff, This communication is accompanied by the attached documents required in order for our church to move forward with replacing our sign that was destroyed by an automobile accident on Feb 15, 2009. There will be no change in land use as a result of the replacement of this sign. The new sign will have no impact or cause any change in the neighborhood property values or enjoyment. Per the attached documents,the new sign will be the same size as the old one, and will be in accordance with the City's size regulations and codes for our zoned area. We are submitting Conditional use paperwork because: 1. We want to move our sign from it's original location, 24 yards directly North 2. We want to add internal lights 3. We want to add an LED component(digital panel);panel size in accordance with city codes The new location will be 24 yards directly North of the old location. This move, will allow more time for North bound motorists to see the sign as they crest and begin to descend the hill. The new location will represent no change or impact to surrounding residences, since it will be out of view from surrounding homes as was the old sign. The previous sign was not internally illuminated,but instead had ground-mounted floodlights aimed at it. Our request is to have the sign internally illuminated just like the two nearby churches on Park Blvd and NW-Hwy. Additionally we are requesting city approval to add a small digital panel or LED component which will be no more than 1/3rd the size of the face of the sign. This would also be in accordance with city codes for our zoned area. This panel replaces the need for manually placed plastic marquee letters. Few people are aware that this is the second time that our sign has been destroyed as a result of an automobile accident. The first time was about 10 years ago and our sign was rebuilt in the same location where it was hit again this year. We know that there is no certainty that this will not occur again,but we are hopeful that by moving and better illuminating it,we can help reduce that chance. Attachments: Sincerely, ... 1 Jim Slack Elder—First Presbyterian Ch" f Grapevine R 0 6 2009 File #: CU09-10 FIRST PRESBYTERIAN CHURCH OF GRAPEVINE WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, MAY 18, 2009 Procedure to Respond: As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or(have the following comments) zzfir-t) t m -r -/-11 e. Fi rst P sb�rt��s-to ��vrl✓`l�h r4-ems v i n e. -re cj --i t 14-12, r-e._ X01- 4444.7 brims d-F -f`die- C,1t,,J re it, ht 1 5 Jen,. lcy F--i-. ;1 y t- Current Property Owner Name(printed) by c Property Address: /J>2 P 1 �. ,� D,r v�. 6-'A'p e-✓i kt.c, 1-3c 7Z O rl Lot a 3 , Block ,Addition ra , � -�►, Property Owner Signature: g. e./ ley ....z.4720_ Daytime phone number: c"/73j v - 3 41-s-4. Telephone: (817)410-3155 Fax: (817)410-3018 Direct questions and mail responses to: Planning Secretary Department of Development Services MAY Y 2 2009 City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 File #: CU09-10 FIRST PRESBYTERIAN CHURCH OF GRAPEVINE WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, MAY 18, 2009 . Procedure to Respond: As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or(have the following comments) 15.19/4-/-1-)/ 141 FPOOVE Current Property Owner Name(printed) lP Okii,2C v Property Address: k0 Pfto_ Vj) Lot I ,Block 7 ,Addition PA 04, T'L.Aco R/45-7- m- TI o P A.o.,441 Daytime phone number: X i ? i/E2/ 7/Z 9 Telephone: (817)410-3155 Fax: (817)410-3018 Direct questions and mail responses to: Planning Secretary MAY 1 2 2009 Department of Development Services City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 File #: CU09-10 FIRST PRESBYTERIAN CHURCH OF GRAPEVINE WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, MAY 18, 2009 Procedure to Respond: As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) d W : ,i.nd/or(have the following comments) /o_�r/.f/ /'`� f Z4, -Ater _ i _d#r Zoe Current Property Owner Name(panted) /271/77/ Property Address: , �J/ G � ,doc Lot ,Block Addition _ 1 Property Owner Signature: / 2 W_ i Daytime phone number: Yr/7— 7‘1 Telephone:Telephone: (817)410-3155 Fax: (817)410-3018 Direct questions and mail responses to: Planning Secretary MAY 1 9 2009 Department of Development Services City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 ° 0) - ORDINANCE NO. 4 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 CU09-10 FOR A GROUND SIGN WITH CHANGEABLE COPY IN CONJUNCTION WITH A CHURCH IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a conditional use permit by making applications for same with the Planning &Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of Grapevine, Texas, and all the legal requirements,conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent 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 CU09-10 to allow a ground sign with changeable copy in conjunction with an existing church (First Presbyterian Church of Grapevine) in a district zoned "R-7.5" Single Family District Regulations within the following described property: platted as Lot 1, Block 1, First Presbyterian Church Addition (1002 Park Boulevard) 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 19th day of May, 2009. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4 iii! F.4 Id m 0 1 am g I N r,° e3 ° P A R K BOLLEVAORD(100'RO W) R g g p c 8 S m '++ q h ,n E' g n d° R N 00.33'00'E __ _55.54 __ 1115 i t �v m P "i'I W. W11 el - C) `' w Y r NI I --v. . 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