HomeMy WebLinkAboutItem 08 - SU05-03 121 Community ChurchC G ITEM it
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS, AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE
SUBJECT
APRIL 19, 2005
DEVELOPMENT SERVICES TECHNICAL REPORT OF SPECIAL
USE APPLICATION SU05-03
APPLICANT: Craig DiGiovanni
PROPERTY LOCATION AND SIZE:
The subject property is located at 830, 840, and 860
Mustang Drive and is platted as Lot 10A, Block 6,
Metroplace 2nd Installment. The addition contains
8.0534 acres and has approximately 786 feet of
frontage along Mustang Drive
REQUESTED SPECIAL USE AND COMMENTS:
The applicant is requesting a special use permit to allow a church facility in a nonresidential
zoning district.
The 121 Community Church proposes to lease the subject site as the new location for its
church services and programs. With a congregation/sanctuary of approximately 750
persons, parking requirements will be 250 spaces. There are currently 236 spaces on site,
but with church services taking place at off-peak times for the area, coupled with the
permission of the adjacent property owner to the east, Mr. Rick Stacy, to utilize up to 100
spaces if necessary, all parking requirements for the church have been met. See the
attached letters.
PRESENT ZONING AND USE:
The property is currently zoned "BP" Business Park District and is under development.
0:\ZCU\SU05-03.4 1 April 13, 2005 (1:15PM)
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property and adjacent areas were rezoned in the 1984 City Rezoning from 1-1"
Industrial District to "PID" Planned Industrial Development District. The property at the
southwest comer of South Main Street and the frontage road of State Highway 114 West
was rezoned in 1985 to "CC" Community Commercial. The five lots to the east, between
this property and Main Street, have received conditional use permits for the Planned
Commercial Center of Metroplace, Second Installment to allow alcoholic beverages sales
in conjunction with restaurant developments: EI Fenix Mexican Restaurant (CU93-16),
Tony Roma's (CU94-12), China Coast (CU94-23), Olive Garden (CU94-24) and Landry's
Crab Shack (CU95-19). A special use permit was approved for the Cinemark Theater for
video games (SU94-02). The property to the east was has a conditional use permit (CU97-
08, Ord. 97-84) for an auto dealership with new and used car sales and a thirty-two (32)
foot pole sign. Conditional Use Permit CU97-54 was approved allowing the amendment
of the approved site plan.of CU97-08 (Ord. 97-84) for an auto dealership with new and
used car sales and a thirty-two (32) foot pole sign, specifically to reconfigure and relocate
buildings, the addition of off-street and display parking; the site was again modified by
CU99-07 approved at the March 16, 1999 meeting. Conditional Use Request CU01-06
was approved at the March 20, 2001 meeting and allowed for an automotive sale and
service business dedicated to the Corvette automobile. At their June 19, 2001 meeting the
City Council approved a rezoning of the subject site (Z01-10) rezoning the property from
"CC" Community Commercial District to "BP" Business Park District for warehouse
development. At Council's August 17, 2004 meeting, a conditional use permit was
approved for an indoor commercial amusement developed as a concept called "Pump It
Up" --a children -based indoor facility for parties by appointment only.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CC" Community Commercial District—Holiday Inn Express, Main
Event
SOUTH: D/FW International Airport
EAST: "CC" Community Commercial District—Freeman Pontiac/GMC,
vacant property
WEST: "CC" Community Commercial District—Stacy Furniture
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.
0:\ZCU\SU05-03.4 2 April 10, 2005 (3:20PM)
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as a Commercial Land Use. The
applicant's proposal is in compliance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates Mustang Drive as Type B Major Arterial, with 80 -feet
of right-of-way developed as four lanes with a center median.
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0AZCU\SU05-03.4 3 April 10, 2005 (3:20PM)
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HSWETC PAGE 02
No, 2490 P. 31112
MAR 0 7 2005
Per.............
CITY OF GRAPEVINE
SPECIAL, USE APPLICATION
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PART 4. SIGNATURE TO AUi ORME SPECGN USE EtEQUE$T AND PI.AGE A SPECIAL USE —
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VICTORIA L. CROSBY yInMd� of t
Notary Public, State of TexasA- My Commission Expires
MAR 0 1 u5
Per .............
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 riling 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 Cit
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 s�mittal.
Signature of Applicant
Date:
Signature of Owner
Date:
Leading People to Live for Jesus Christ
March 7, 2005
City of Grapevine
Development Services
Planning Division
200 S. Main St.
Grapevine, TX 76051
Re: Proposed Special Use Description
MAR 0 7 2005
Per,
tommItO,
This letter is being submitted along with a Special Use Application/Site Plan Application
for the property located at 830, 840 and 860 Mustang Drive, Grapevine, TX 76051.
The proposed special use of this property is for a church. The church proposing use of
this space is 121 Community Church which is currently meeting in space leased at 3500
William D. Tate, Suite 300, Grapevine located on the comer of William D. Tate and
Western Oaks. The proposed space would be used for a sanctuary of approximately 750
seats, a large vestibule area, class rooms and several offices. The church also hopes to
manage a retail coffee store open to the public during normal coffee store hours.
The church does not, in any way, suspect that the use of this building as a church will
harm the value, use or enjoyment of the surrounding businesses. To the contrary, the
church expects that the use of the building as a church will enhance the surrounding
businesses through increased traffic in the area, mainly in non -peak hours that the
surrounding businesses currently operate.
With regard to parking and traffic flow, the 230 spaces currently available on the lot and
the additional 100 spaces Stacy Furniture would be willing to allocate for peak times on
Sunday morning, parking should not be disrupted in any way. In addition, because the
primary use of the building would occur on Sunday morning during hours the
surrounding businesses are not open, traffic flow would not be an issue.
rSinely,
Craig ni
121 Community Church Member
3500 William D. Tate, Suite 300, Grapevine, TX 76051 / 817.488.1213 / www.121cc.com / info@121cc.com
03/06/2005 19:57 8179120253 HSMR`LIU rHur. n�
83/06/2005 1.7:59 8173296705
STACY FURNITURE PAGE 01
MAR 0 7 2005
Per .............
Sunday, March 06, 2005
John Mai
Venture Commercial
8235 Douglas Avenue
Suite 720
Dallas, TX 75225
Dear john .
Witb regard to the 121 Coumiumty Church lease which we are wodcmg on; for Mustang Business
para, additional off site puking will be accommodated via the lot I own at 1900 South Main Street.
The Meuse will cootaiu such a provision, oudin* the off site parking.
Should you have any questions or ,need additional infotmation, let me know.
Sincerely.
J.
th Main
Third Floor
Grapevine, Texas 76051
1:5GCdS-0.3
ORDINANCE NO.
AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN
ACCORDANCE WITH SECTION 48 OF ORDINANCE
NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO
KNOWN AS APPENDIX "D" OF THE CITY CODE, BY
GRANTING SPECIAL USE PERMIT SU05-03 FOR A
CHURCH FACILITY, IN A DISTRICT ZONED "BP" BUSINESS
PARK DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN
APPROVED PURSUANT TO SECTION 47 OF ORDINANCE
NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS
AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; PROVIDING A
CLAUSE RELATING TO SEVERABILITY; DETERMINING
THAT THE PUBLIC INTERESTS, MORALS AND GENERAL
WELFARE DEMAND THE ISSUANCE OF THIS
CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; DECLARING AN
EMERGENCY AND 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
ORD. NO. 2
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 Special Use Permit SU05-03 for a church facility (121 Community Church) in
a non-residential zoning district, in a district zoned "BP" Business Park District within the
following described property: Lot 10A, Block 6, Metroplace Addition 2nd Installment (830,
840, and 860 Mustang Drive) 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. 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. 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. 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
ORD. NO. 3
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 19th day of April, 2005.
ATTEST:
MA joy -TOMADMIT-11 115031161 V kyj I
ORD. NO. 4
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