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HomeMy WebLinkAboutItem 03 - CU09-05 Hill School of Grapevine CG T Mf 3f. L&.. Piz 3 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER 0271 SCOTT WILLIAMS, DEVELOPMENT SER ICES DIRECTOR A,V1 MEETING DATE: MARCH 24, 2009 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU09-05 SI r---1 I • i i _ Grapevine . APPLICANT: Lori Sarmiento Lake I oVe — I Imo— • 3• I .635 North PROPERTY LOCATION AND SIZE: kti ce0 114 ;Ai), The subject property is located at 204 North Dooley `' ' Street and is proposed to be platted as Lot 1A, Block Hall-Johnson Syd ADP 6, W R Boyd Center Addition. The site contains L_ approximately 136,666 square feet and has . approximately 200 feet of frontage along Turner Glade Rd. - m -L , Road and 653 feet of frontage along North Dooley H c Street. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to allow expansion of an existing nonprofit educational institution. The Hill School of Grapevine is a private elementary school which currently occupies 13,847 square feet of an existing 24,065 square foot structure on the subject site. With this request the applicant intends to expand the existing operation by occupying two additional existing suites, totaling 5,000 square feet. When the expansion is complete the applicant will occupy 18,847 square feet of the existing structure. One suite is available immediately and the second suite will become available later this year. The Hill School serves elementary and middle/junior high students. The maximum number of students the school expects to serve with the proposed expansion will not exceed 140 students, 100 elementary and 40 middle/junior high students respectively. O:\ZCU\CU09-05.4 1 March 16,2009(12:53PM) During a Council workshop on October 21, 2008, the proliferation of private schools in commercial buildings was discussed. As a result of that workshop, staff drafted an ordinance removing from the permitted use section "Public institutions and nonprofit institutions of any educational, religious, or cultural type, including private and charter schools, but excluding corrective institutions or hospitals" and placing it in the conditional use section of the ordinance. On November 18, 2008 Council approved that change to the Zoning Ordinance in the districts where the use was allowed as a permitted use. PRESENT ZONING AND USE: The property is currently zoned "CC" Community Commercial District and is occupied by two commercial buildings. HISTORY OF TRACT AND SURROUNDING AREA: The subject property was rezoned from "I-1" Light Industrial District to "CC" Community Commercial District during the 1984 City rezoning. The property to the east was rezoned from "C-2"Community Business District to"CC"Community Commercial District during the 1984 City rezoning. The property to the south was rezoned from "C-2" Community Business District to "CC" Community Commercial District during the 1984 City rezoning. The property to the west was rezoned from "C-2" Community Business District to "CC" Community Commercial District during the 1984 City rezoning. Zone Change Request Z01-05 approved by Council on April 17, 2001 on property west of the subject site was rezoned from "R-MF-1" Multifamily District to"R-5.0"Zero-Lot-Line District. Zone Change Request Z01-14 approved by Council at the September 18, 2001 meeting, was a City initiated zoning case that rezoned a number of tracts in the area known as "The Hill"from "R-MF-1" Multifamily District to "R-5.0" Zero-Lot-Line District to spur residential development in the area. The City Council on October 21, 2003 also approved on the residential property to the west CU03-40 for a Period Home designation. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-MF-2" Multifamily District—existing multifamily SOUTH: "CC" Community Commercial District— office warehouse EAST: "CC"Community Commercial District—platted undeveloped property WEST: "HC" Highway Commercial District and"R-5.0"Zero-Lot-Line District— retail/office warehouse and single family residential 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 O:\ZCU\CU09-05.4 2 March 19,2009(11:31AM) 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: The Master Plan designates the subject property as a Commercial land use. The applicant's request is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates North Dooley Street as a Type E Collector with a minimum 75-foot right-of-way developed as four lanes. /at O:\ZCU\CUO9-05.4 3 March 16,2009(12:53PM) ' /i >.•.r.� �' F It zR 3R 20 Ortio,415. ie., ' ' R-7.5 ,D° a .r.arda.■rv.r ;1- r-1 au re�■rv■®ir■ommilastuma■so '� R-7.5 0,59 , 4 0 4° ms :Bill R*l i GV ° ii. 2 •R-7:5 X37 ri '1 z�s , ,,' © , i3' c��trc ■rrrs�r AV, iiiii a ®L :23 'o �lY o UO Q 1111 ro,rd l 111111p2 .�, R-TH 1 ;: =15 '.O 11.1 RE !m R-MF-1 0 O 73 . fiff� im d Cry?;;. ��� �rrrr ,a°"` t. .rr.r.rr..q vskilea . mai AirA,&,i� �n■r • -3.5 , �� s .• RMF-1 µ wort R-MF-2 ��°N s.,,ba CN 1����MOO ° 1210 1 Ili 3 ® I 21 t, p, ,R,a OE R-5.0 19 �'■".�' I >R29B 19 ��(] i�- U' 78.118@ GU c\I ROM x911 �'� ,% ' ' i Elm_ to a ,111`1 ,.assa 11 pp 3 �@ K .ss@ 13A1 \ -5.0 R,, A71 lis d 18fi� ` � ,>' Ni.r■.m.... a,.,..,----1- ....� - • INmumsar■..■,"�; II3� I . 111 11.f� ' :! i74Q trqj I 31 10 SeCO�O 111 to) fl �__, rn Tarrant 4 4•• : : : ow- toom 5S • � 1 - . °l O 1 310 2R1 : ,R tkiNS. 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' . s,,, CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1.APPLICANT INFORMATION Name of applicant/agent/company/contact t-� ��5 1,1 e 1 (7(aceA . - Lott a,r c ,e -1 Street address of applicant/agent } 50 Oy N. )coley iTe- ) City/State/Zip Code of applicant/agent (ol vtoe., V . fi tQbt )I Tele num r of applicant/agent Fax number of applicant/agent %1l- I 1 D- OY^l Ln < l - �`11 t-/, Email address of applicant/agent Mobile phone number of applicant/agent g fl c). PAN:i 1\ x,601 , n- 7.-M--'MD Applicant's interest in subject IL'•: : LX (xf ,* PART 2. PROPERTY INF•RMATION Street address of subject p aD r-l' N . ODD\c. -* Su��e. ; --4' At I DO Legal description of subject property(metes&bounds must be Described on 81/2 x 11*sheet) Lot I A Block W Addition a'1)j) \ V . \-z.. c 11Aer Size of subject property I ) i?, q Acres d(.0 , 3 a L . Square footage Present zoning classification: Proposed use of the property: ( C TO'via i-e_ e_ hoo\(non - c - 5n3 C) Minimum/maximum district size for conditional use request: 11.1 — 5 QA,o Zoning ordinance provision requiring a conditional use: Z,5 PART 3. PROPERTY OWNER INFORMATION Name of current property owner: G(o` i/i re , Iboo�N Raf-6\e_CS , L.r0 Street address bf property owner: c 1o5 5 ■,\wan 1 'SL) k I12 City/State/Zip Code of property owner: l` L� )c1 A 5 �`I- • 5 43 Telephone number o property owner: Fax number of property owner: FEB 2 2009 C-LID'-0 3 ~ , 1 ❑ 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 may be scheduled to a later date. ❑ All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. ❑ Any changes to a site plan(no matter how minor or major)approved with a conditional use or conditional use permit can only be approved by city council through the public hearing process. ❑ 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 g/"2 �PMS ,t emea- Print Applicant's 4l me: Appli nt's Signature: The State of 7-6(Q County Of /el f 1Qi1 '- Before Me 01, A_Q on this day personally appeared Vf I&?nom S (notary) NI cJ (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 x acknowledged to me that he executed the same for the purposes and consideration therein expressed. /^��C� (Sean Given under my hand and seal of office this f 5 day of V uil(.(�.��f ,A.D. r:71)64 )(/CJ / �J ; �, Judy M King Vn Notary Public,State of Texas 4' ' , My Commission Expires: in Notary In j ' For r Of Texas October 8,2012 / I PI( �c,Aera (Y\ CGc L{ Print Property Owners Name: I Property Owner's Signature: The State Of cc c S County Of C)G '\0,`S i Before Me ()r l Y on this day personally appeared 1 2 Y(C,N(?pro Cc e I i nota owns 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 and seal of office this 0 day of J Q r uC.,( c 1 ,A.D.. i�(�C� . ,N'Y SMMi _'. ■\ = MY COMMISSION IRES `_� 1 _ Mardi 25,2012 y .n J�/�--1 __ Notary In to Of Texas CLI09-05 ACKNOWLEDGEMENT 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 - - •f submittal. Signature of Applicant Date: i//S/v9 Signature of Owner Date: FEa ` -*3 0:11 41 it HILL-SCHOOL Inspiring Achiet en!ent s Sim? 19: CU D9-05 City of Grapevine • Development Services I EB 2 7 2009 200 S. Main St. Grapevine, TX 76051 . • To Whom It May Concern:: • • • I am writing to you on behalf of Hill School of Grapevine. We are a non-profit(503C), private elementary school located at 204 N. Dooley St, Suite 500 in Grapevine. Although our current campus in Grapevine just opened this past year, our main campus in Fort Worth has been serving students with learning differences since 1973: In fact, it was because so many children in the Grapevine area needed an educational program like ours, that we decided to open a second campus in your city. Over the past year and a half,we have had a tremendous response from the families in Grapevine. We are the only full service school in the northeast area that provides this type of assistance to families-with special needs. Prior to the opening of our campus last • • year, families in your community had to travel to south Fort Worth or North Dallas to find a similar educational program. I think you will find that our school provides a necessary benefit to many who reside in Grapevine. We are respectfully requesting a Conditional Use Permit to expand our space of 13,847 square feet in the same building in which we currently reside `We would like to use the ` • 2,500 square feet located at 204 N. Dooley St: Suite#200 in Grapevine for administrative offices and additional classrooms. Additionally, we are requesting a Conditional Use • • Permit for Suite#100 that we will be occupying by the end of this year for the same . purposes. This space is also 2,500 square feet for a combined total of 5,000 square feet . for both suites. • Your approval of this request will not in any way adversely affect the surrounding area In fact,with the opening:of our school last year,we have utilized many of our neighboring businesses which can only strengthen the stability of the surrounding neighborhood. We thank you for your consideration and look forward to serving Grapevine families for • many years to come. Respe"tfully, • reg Owens' Executive Director " as Hill School of Grapevine • ; d1► ei'ent ,c'79n1 0' di event FQRT WORTH CAMPUS GRAPEVINE CAMPUS www.hillschogl.org. 817923.9482 817.310.0876 Nationally Recognized Exemplary School 4817 Odessa Avenue(Fort Worth,:TX 76133 204 N.Dooley Streetl Grapevine,TX 76051 Accredited.by SACS Grades 2-12 Grades 1-6 • File #: CU09-05 HILL SCHOOL OF GRAPEVINE WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY, MARCH 23, 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) /et.- e /1-f- g_0-40---, 6/e-fetJ ItiC. _ 00'23 /!,c A-743,u/ L -P Current Property Owner(printed)_ (2 \i ;,-Nt) e c \-w� Property Address: C9O 4 �627-y 4u-rjz..F Lot / , Block 6, ,Ad ' ion A) Property Owner Signature: -�_ Y Y VGf.K C L • Property Owner Name(printed): aezz Daytime phone number: c23-7 O Telephone: (817)410-3155 Fax: (817)410-3018 Direct questions and mail responses to: Planning Secretary 2009 Department of Development Services MAR 1. 8 City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 O 9 3Q,: ORDINANCE NO. \/\1 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 CU09-05 FOR EXPANSION OF AN EXISTING EDUCATIONAL INSTITUTION IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL 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, an is in the best interest of the public at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this community. 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 CU09-05 to allow for a 5,000 square foot expansion to an existing non-profit educational institution (Hill School of Grapevine) in the "CC" Community Commercial District Regulations within the following described property: proposed to be platted as Lot 1A, Block 6, W. R. Boyd Center Addition (204 North Dooley 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 Agek 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 24th day of March, 2009. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. 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