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APPLICANT: Anthony Bo log
PROPERTY LOCATION AND SIZE:
L H. 1635_
The subject property is located at 520 South Main
Street, and is platted as Lot 2R, Block 4, Original
Town of Grapevine. The property contains 0.721
acres and has approximately 255 feet of frontage
along South Main Street, 43 feet of frontage along
Franklin Street and 92 feet of frontage along West
College Street.
1111 Moil III ! I 1� ii,lll
The applicant is requesting a planned development overlay to allow for a residential use
within the "CBD" Central Business District.
It is the applicant's intent to redevelop that portion of the subject site which has
approximately 92 feet of frontage along West College Street into a four story residential
complex comprised of six residential living units. The first floor will be utilized for off-street
parking for the residents and provides a total of 13 parking spaces. The second through
fourth floors will provide two residential units per floor of approximately 2,500 square feet
each. Height to the top of the roof is 45 feet; the tallest element of the structure will be
52.4 feet in height. The applicant received conditional approval for demolition and
reconstruction of the new four story residential structure from the Historic Preservation
Commission at their November 20, 2013 meeting with the condition that final selection of
exterior building materials be submitted and approved through a separate Certificate of
Appropriateness.
0AZCL1\PD13-02\PD13-02.4 1 December 9, 2013 (1:39PM)
The property is zoned "CBD" Central Business District and has undergone extensive
remodeling and expansion to allow for multi-tenant office, retail, and restaurant uses.
I
The subject property and surrounding areas were rezoned in the 1984 City Rezoning from
"C-2" Community Business District to "CBD" Central Business District. The subject
property is also located within the Main Street Historic Overlay District (HL92-03). At the
March 20, 2012 meeting Council approved a conditional use request (CU 12-08) for an 87
seat Jake's Hamburger's restaurant with on-premise alcohol beverage sales on the subject
site. Also on the subject site, Council approved at their July 17, 2012 meeting a conditional
use request (CU 12-29) for a 435 square foot retail store (Sugar Shack) for food service
items (shaved ice and seasonal beverages). A conditional use request (CU12-21) was
approved at the October 16, 2012 meeting allowing for the development of a 1,924 square
foot convenience store (7-Eleven) with off-premise beer and wine sales on the subject
property. At Council's November 20, 2012 meeting a special use permit for massage
services was approved for a 230 square foot lease space in suite 108 of the subject site. A
conditional use permit (CU12-51) for a 60-seat pizza restaurant with on-premise alcohol
beverage sales was denied by Council on the subject site at the February 19, 2013
meeting.
IS
SOUTH: "CBD" Central Business District - retail business, Blagg Tire and
Service
EAST: "CBD" Central Business District - Foust Funeral Home
WEST: "CBD" Central Business District - two office structures
AIRPORT IMPACT:
A portion of 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.
The Master Plan designates the subject property as a Central Business District land use.
The applicant's proposal is in compliance with the Master Plan.
O:\ZCU \PD13- 02\PD13 -02.4 2 December 9, 2013 (1:39PM)
P , t3 -oa
PART 1. APPLICA
Applicant Name: BIATWIC, LLC
Applicant Address: 520 S Main Street # 888
City /State /Zip Grapevine, Texas 76051
Phone No. 817- 224 -2350 Fax No.
Email Address Mobile Phone 214- 507 -4899
Applicant's interest in subject property 520 S Main street - College Street Building
PART 2. PROPERTY INFORMATION
Street Address of subject property 520 S Main Street at College
Legal Description: Lot 2R Block Addition Original Town Of Grapevine
Legal description of subject property (metes & bounds must be described on 8 1/2" x 11" sheet
Size of subject property: acres .5 square footage 16,000 SF
Present zoning classification C P7 P - El
Proposed use of property (Residential Living
Zoning ordinance provision requesting deviation from:
Property Owner Biatwic, LLC
Prop Owner Address 520 S Main Street
City /State /Zip Grapevine, Texas 76051
Phone No. 817- 224 -2350 Fax No.
❑ Submit a letter describing the proposed planned development use and note the request on the site plan document
❑ Describe any special requirements or conditions that require deviation of the zoning district regulations
❑ in the same letter, describe whether the proposed overlay will, or will not cause substantial harm to the value, use, or enjoyment of
other property in the neighborhood. Also, describe how the proposed overlay use will add to the value, use or enjoyment of other property
in the neighborhood.
❑ The site plan submission shall meet the requirements of Section 47, Site Plan Requirements. F (Z nn Mn
1-1313-0Q
❑ All planned development overlay 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 planned development overlay can only be approved by city council
through the public hearing process.
❑ 1 have read and understand all the requirements as set forth by the application for planned development overlay and acknowledge that
all requirements of this application have been met at the time of submittal.
PROPERTY PART 4. SIGNATURE TO AUTHORIZE PLANNED DEVELOPMENT ONYLAY REQUEST AND PLACE A SIGN ON THE
SUBJECT
ILUA r
I l I ���ii,/ /* tu Print Applicant's Name
The State of
County of i a �1 �
Before me (notary) I 4SLK�Cx n _, C \e'en this day personally appeared (applicant) I Ar-,+h
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 �- e(- A.D. 0 013
g�wr °&e, SUSAN BATTE
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* h State of Texas
N''IeOf My Comm. Expires 06 -23 -2017
Notary In and For State of
Print Property Owner's Name Property Owner's Signature
The State of
County of
Before me (notary) I on this day personally appeared (applicant) I s�
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 I�
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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 Planned Development Overlay PD13-02 to allow for a residential use in the
"CBD" Central Business District within the following described property: Lot 2R, Block 4,
Original Town of Grapevine (520 South Main 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.
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
ORD. NO. 3
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 01
GRAPEVINE, TEXAS on this the 17th day of December, 2013.
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ORD. NO. 4
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