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Home My WebLink AboutItem 04 - SU18-03 & PD18-03 Orthomed Manual TherapyTO- HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM- BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE-OCTOBER 16, 2018 SUBJECT-DEVELOPMENT SERVICES TECHNICAL REPORT OF SPECIAL USE APPLICATION SU18-03 AND PLANNED DEVELOPMENT OVERLAY PD18-03 ORTHO MED MANUAL THERAPY i l Grapevine oo Lake 5 APPLICANT- D. Yvette Abrego I l > I I s yah'I.H.1635 Nort PROPERTY LOCATION AND SIZE:I taE P o) 9? I The subject property is located at 250 North Main Street and platted as Lot 2R and Lot 3, North Main t Sy DFW 3 I Hall-Johnson Airport Street Shopping Center. The property contains L 60 T____ o approximately 1.58 acres and has approximately L 371-feet of frontage along North Main Street.D Glade Rd. I H D REQUESTED SPECIAL USE, PLANNED DEVELOPMENT OVERLAYAND COMMENTS- The applicant is requesting a special use permit to allow massage services. The applicant is also seeking a planned development overlay to deviate from, but not be limited to, the existing parking requirements. The applicant intends to provide massage services for non-medical pain management and sports performance in a 450 square foot lease space within a multi-tenant retail structure, within the North Main Shopping Center. Relative to the planned development overlay request, the applicant proposes a reduction in the amount of required parking, given the current mix of tenants with the building, from 112 spaces to 85 spaces. A parking study (see attached letter) provides a basis for the request to reduce the required parking. The analysis reveals that throughout the week, depending upon the time of day, the parking demand ranges from 59 spaces to 85 spaces, therefore providing adequate parking for the subject site. Most of the required parking can be attributed to two existing/former tenants: Back Porch Grill-42 spaces and Bikram Yoga-20 spaces. Currently, Back Porch Grill has ceased operations. The parking demand for Bikram Yoga to accommodate 40 students, with the exception of lunch time, is approximately 20 spaces. PRESENT ZONING AND USE: The property is currently zoned "CN" Neighborhood Commercial District and is developed as a retail shopping center. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the property to the south was zoned "C-2" Community Business District prior to the 1984 City Rezoning. Across Main Street to the west the property currently occupied by Elliot's Hardware was previously zoned '14' Limited Industrial District. The properties to the north and east were zoned "R-1" Single Family District. A conditional use permit (CU86-05)for on-premise alcohol beverage sales was approved by Council at their June 1, 1986 meeting for the Elks Lodge. A conditional use permit(CU96- 26) was approved at the October 15, 1996 meeting for a small storage area expansion to one of the buildings within the shopping center and an extension was approved for this conditional use permit but was never constructed. A conditional use permit (CU02-58) to renovate the existing pole sign at the shopping center was approved by Council at their April 15, 2003 meeting. At the March 23, 2004 meeting, a conditional use request was approved (CU04-08, Ord. 2004-22) for a restaurant called the Back Porch Grill with on- premise alcohol beverage sales at the property addressed at 210 North Main Street. A subsequent conditional use request (CU06-10) at the Back Porch Grill was approved by the Site Plan Review Committee at their April 27, 2006 meeting which allowed for a small outdoor patio expansion. West of the subject site City Council at October 21, 2008 meeting approved Conditional Use Permit CU08-24 (Ord. 2008-56)to allow an addition to an existing building. The approval was conditional that the Site Plan Review Committee review the site plan, flor plan and building elevations. The Site Plan Review Committee at the December 17, 2008 meeting approved CU08-24 with a revised floor plan, small expansion and no reduction in parking. Conditional Use Permit CU09-08 (Ord. 2009-18) approved by City Council at the May 20, 2009 meeting approved an expansion to the existing Back Porch Grill. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CN" Neighborhood Commercial District—single family residence SOUTH:HC" Highway Commercial District—multi-tenant retail development EAST: R-5.0" Zero-Lot-Line District—single family residences 0:\ZCU\SU18-03.4/PD18-03.4 1 October 10,2018(11:34AM) WEST: CN Neighborhood Commercial District and "HC" Highway Commercial District—VFW, vacant lot and Bank of the West 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. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Low Intensity Commercial land use. The applicant's request is in compliance with the Master Plan. 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E ° - - --_. .u 1 Ml Feet 0 100 200 300 400 SU18-03/PD18-03 T t a 5 AN OrthoMed Manual Therapy Wa AE 1/Ys This dete has been wmpiled by lhe City of Grepevine ITlGIS depertment.Various official end unofficiel saurces were Date P repared: 10/3/2018 used to gether this Informetion.Every effort wes made lo ensure the eccuracy of Ihis dala,however,no guerentee Is g(ven or implied es lo the accuracy of seid dele. 1 T P % A S CITY C F RAPEVI IE SPECIAL USE APP ICATION Form "A" PART 1.APP ICANT INFt}RMATIQN Name of applicant/agent:/company/contact 3. l e- b c .. T- Stieet address of applicant/agent: V v l. < Clty/State/Zip Code of applicant/agent: rG. e c 7,,.6 I Telepho e number o applicant/agent: Fax number of applicant/agent: z -- Z.G mail address af applicanf/agent Mobile phone number of applicentt agent 9SI o Z— 2 r3 ApplicanYs interest in ubject perfy: S l.e. .S f a PART 2. PROPERTY INFtJRMATiON Sfreef address of subjecf property t J t t/aR ra l"1f}. .v Si lZ/z i tt''f', s !r-` '7b'C" 1 Lega1 description af subject property(metes&bounds must be described on 8 1/2"x 11"sheetJ Lot ! Biock G.- Addifion PN S fI 7'tl 1 tv S'I rZ T J tZf i rtrAJ Size of subject property Acres S uare foota ePresentzoningclassification:Proposed use of the property: C-.. 2'a a...vG c.,,.:7 -t t c o..-r G lc'7r/o Tt!J1Af Minimum/maximum distrfcf size for special use request: Zoning ordinance provision requiring a specia!use: PART 3. PROPERTY OWNER INFORMATION Name of current properly owner. G Q i , G- Sfreet address of property awner.• t7 a h $O .. Cify t State!Zip Cade of properiy owner: 1<< s- 7-X 'S Telephone number af property owner.•Fax number af progerfy owner. 9 Z - 2gS - 7 .' 9 — Zg — 7g9 2kSP k Ct Subrnit a lefter describing the proposed specia/use and note the reQuest on fhe site plaR document CI !n fhe same letter,describe or shaw an fhe sife pJan,and special requiremenfs or condifr'ons imposed upon fhe particuler specia/use by applicable district regulatians(example:buffer yards,distance befween users) O 1n fhe same feffer,describe whether fhe proposed specia!use witl,or wi!!not cause su6stanfiai harm fo fhe vatue, use,or enjaymeni of other properfy in the neighborhood. A/so,describe how fhe proposed special use will add fo fhe value, use or enjaymenf of ofher property in the neighborhood. O Appiicafiort of sife plan approval(Secfran 47,see atfached Form"B'). 0 The site lan submission shall meef fhe re uiremenfs of Sectian 47,Site Ptan Re uirements. O All conditional use and special use applications are assumed to be comp/ete when led and will be placed an the agenda for pub/ic hearing af fhe discrefion of the staff. Based on fhe sfze of fhe agenda,your applicafian may be scheduled fo a later date. All public hearings will be apened and testimony given by applicants and interested citizenry. Public hearings may be continued ta the next public hearing. Public hearings will nof be tabled. 0 Any changes to a sife plan(na rttaffer haw minor or major)approved with a condr`fional use or specia!use permft can only be approved by city council through the public hearing process. Q t have read and understand aN fhe requirements as sef forth by fhe apptication for conditionai use or speciat use permit and acknowtedge thaf all re uiremen#s of this a lication have been met af the fime of submittal. PART 4.SIGNATURE TO AUTHORIZE SPECIAL USE REQUEST AND PLACE A SPECIAL USE REQUEST S[GN ON THE SUBJECT PRC}PERTY e.e br o Prinf Applicant's Name:App/icarrt's 3i ture: 7he Sfafe Of fi G.$ County Of ,_ Before Me_-.-- 1 0 r on this day personally appeared I• vr..ttC. I'1"YJ( v natary) applicant) known to me (or proved to me an the oath of card or ather document) to be the person whose name is subscribed to the foregning instrument and acknowledged to me that he executed fhe same for the purposes and consideration therein expressed. Seal) Given under my hand and seal of office this day of %--'-( A.D. - . ti rir avP,,_ DE$RAANN M4i.ITQR i°' •o Notary Pubiic,Stete af Texes I ` Le — Comm.Expires Q6-26-2422 tNZ'`-. T Nofa !n And For Sfafe Of Texas r Notary ID t31620352 A/.'/ .v G 7.r> Print Property t)wners lrtame: Froperty Ow»er`s Signafure: The State Of 1t--' Gounty Of Before Me .Q C`t 1`tt1 on this day personally appeared I"`-- Cl..l I y notary) proper'ty ow er) known to me (or proved to me on the oath of card or afher document) to be.fhe person whase name is subscribed to the foregaing instrument and acknow/edged to me thaf he exeauted the same far fhe purposes and consideratian therein expressed. Seal)Given under my hand and seal of affice this ^` day of u-_ ,A.D. .f . RYP i DEBRA ANN MOLlTOR y^ lP....,e¢ x°r rs.Notery Public,State of Texas ffl,' @e A . ` (,'I—-,, , Comm. Expires 06-26-2022 C7 A{vt" V n t.. of`cw't'` Nofary ln And For Sfate Of Texas n,,,,,,` NOtafy ID 131670352 1 3 SLr GIJ ' I w : i.__..........—.__ .. V ACKNQWLEDGEN}ENT A/i Conditiona! Use and Speciat Use Apptications are assumed fo be carrtplete when ted and will be p/aced on the agenda for public hearing at the discretion of the staff. Based on the size of i he agenda, your applicatron may be scheduted to a /ater date. At!pubfic hearings wiil be operred arad testimony given by appticants and ini erested citizenry. Public hearings may be continued to the next public hearing. Public hearings will nof be tab/ed. Any changes fo a site ptan {no matfer how minor or major) approved with a condii ional use or a special use permit can on/y be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to fhe zoning ordinance shall IIc?Y@i from fhe date of submiftal, a period of faur monfhs to eques# and be scheduled on an agenda before the Planning and Zaning Commission and City Council. If after said period af four months an applica ion has nat been scheduled before the Comrnission and Council said application shall be considered withdrawn, with forfeiture of all filing fees. The applicafion, along with fhe required filing fee may be resukmiffed any fime fhereafter for reconsiderafion. Delays in scheduling applications before the Planning and Zoning Commission and Cify Council creafed by cify staff shall not be considered a parf of fhe four mcrnth perlod 1 have read and understand all of tt e requiremenfs as s t fortft by the applicafion for condit ional use or special use permit and acknowledge that all requirements of this application have been met af fhe firtte of submi fal. Si nature of Applicant aat: l$ Signature of Qwner 1 Z J z/r m Date: I 1 SEP 2 i C,..._.a J....-..._ . ., a Pr 3 Y ll B:e Xn A S CITY OF GRAPEVINE PLANNED DEVELOPMENT OVERLAY APPLICATION PART 1.APPLICANT INFORMATION Name of applicant/agent./company/contact D. Yvette Abrego dba OrthoMed Manual Therapy Street address of app/icant/agent: 250 N. Main Street City/State/Zip Code of applicant/agent: Gra evine TX 76051 Telephone number of applicant/agent: Fax number of applicant/agent: 856-792-2304 Email address of applicant/agent Mobile phone`number of applicant/agent 956-792-2304 ApplicanPs interest in subject properfy: sublease room inside the salon for medical massage therapy PART 2. PROPERTY INFORMATION Street address of subject property lorth Main Street, Grapevine, Tx 76051 Legal description of su6ject property(metes&bounds must be described on 8 1/2"x 11"sheet) or Block 2 Addition Phase II North Main Street Addition Size of subject property 2.805 Acres S uare foota e Present zoning classification:Proposed use of the properfy: HC HC Zoning with allowed Ortho Therapy Minimum/maximum district size for request: Zoning ordinance provision requesting deviation from: PART 3. PROPERTY OWNER INFORMATION Name of current property owner. MDT Grapevine, LTD Sfreet address of property owner. P.O. Box 802736 City/State/Zip Code of properfy owner.• Dallas, TX 75380 Te/ephone number of property owner.•Fax number of properfy owner.• 972-288-7833 972-288-7890 a=_..... T_._. k ,- a :.r r SEP 2 iS if:` i 2O:ZCU\1 Forms\app.pd.doc 2/14/2017 i y. i - . t pn 0 Submit a letter describing the proposed Planned Development and note the request on the site plan document. Describe any special requir ments or conditions that require deviation of the zoning district regulations. Describe whether the proposed over ay will, or will not cause substantial ha m to the value, use or enjoyment of other property in the neighborhood. Describe how the proposed planned developmenf will add to the value, use or enjoyment of other property in fhe neighborhood. The site lan submission shall meet the re uirements of Section 47, Site Plan Re uirements. All planned development overlay applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discr tion of the staff. Based on the size of the agenda,your application may be scheduled to a later dafe. A//pub/ic hearings wi//be opened and testimony given by app/icants and interested citizenry. Pub/ic hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes fo a site plan(no matter how minor or major)approved with a planned development over ay can only be approved by city council through the public hearing process. 1 have ad and understand a!I the requi ments as set forth by the application for planned development ove 1ay and acknowledge that all re uirements of this a lication have been met at the time of submittal. PART 4. SIGNATURE TO AUTHORIZE PLANNED DEVELOPMENT OVERLAY REQUEST AND PLACE A PLANNED DEVELOPMENT OVERLAY REQUEST SIGN ON THE SUBJECT PROPERTY Dr. Yvette Abrego Print ApplicanYs Name:Applicant's S' nature: The State of TeXaS County Of Tarrant eetore Me DebrB MOIIt01' on this day personaliy appeared Dr. Yvette Abrego 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 acknowledged to me that he executed the same for the purposes and consideration therein expressed. Seal)Given under my hand and seal of o ce this 3Oth day of_ J u Y q,p. 2O H 1YP/ DEBRA ANN MOLITOR C' B ^ LR 4z;' :Notary Public, State ot Texas b•. Q; Comm.Expires 06-26-2022 Nota InAndForState OfTexast. ry n°;,r`' Notary ID 131620352 MDT Grapevine, LTD Print Property Owners Name: Property Owner's Signa re: The State Ot Texas co ry of Dallas Before Me Debra Molitor on this day personally appeared_ Matt TaII@Y notary) property owner) known to me (or proved to me on the oafh of card or other documenf) 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 undermy hand and seal of o ce this 2nd day of August A.o. 2018 ara i, DEBRA ANN MOLITORaP,...,e'. aa°' 4n.Notary Public,State of Texas C -(-- (--.C Pl'L p Comm.Expires 06-26-2022 NotarylnAndForStateOfTexas99;•..j' Notefy ID 131620352 O:ZCU\1 Formslapp.pd.doc r' m' • `''; 2/14/2017 3 1 SEP 2Gi :: k_- AC6(NOWLEDGEMENT All P/anned Development Overlay Applications are assumed to be comp/ete 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 schedu/ed to a /ater 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 tab/ed. Any changes to a site plan (no matter how minor or major) approved with a p/anned deve/opment overlay can only be approved by city council fhrough 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 submiital, a period of four months to request and be schedu/ed on an agenda before the Planning and Zoning Commission and City Council. /f after said period of four months an application has nof been schedu/ed before the Commission and Council said application shall be considered withdrawn, with forfeiture of all filing fees. The application, a/ong with the required filing fee may be resubmiited any time thereafter for reconsideration. De/ays in scheduling applications before the P/anning and Zoning Commission and City Council created by city staff shal/not be considered a part of the four month period, 1 have read and understand all of 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. Signature of Applicant Date: / 1 g Signature of Owner Date: l G! Z 1 O:ZCU\1 Formslapp.pd.doc l 4 2/14/2017 SEP Gi _ '; v. t!O !/ I 1 ` civil engineering+planning City of Grapevine Development Services Planning Division 200 S. Main St. r e ir f 3 Grapevine,TX 76051 t E S.S F OCT 5 $ 'its t. L...>S RE:OrthoMed SUP/PD-250 N. Main Street To Whom It May Concern, OrthoMed Manual Therapy is the applicant for this SUP. OrthoMed specializes in non-medicinal pain management and sports performance by incorporating massage and knowledge of kinesiology, anatomy, and physiology. The single therapist facility is currently sub-leasing an office inside of the SOI Eyebrow Salon located at 250 N. Main Street. It has been brought to our attention that the use requires an SUP for operation inside of the City of Grapevine city limits. The City of Grapevine ordinance requires all massage facilities to obtain a special use permit prior to operation,and the purpose of this request is to allow the facility to sub-lease 450 SF inside the salon located at 250 N. Main Street. The hours of operation of Orthomed are: Monday Closed Tuesday 9:30 a.m.to 6:00 p.m. Wednesday 9:30 a.m.to 6:00 p.m. Thursday 9:30 a.m.to 6:00 p.m. Friday 9:30 a.m.to 6:00 p.m. Saturday Closed Sunday Closed In conducting the parking analysis,we spoke to each tenant in the facility to determine their peak usage based on the hours of operation. We determined the highest use parking days are on Wednesday and Thursday.The following table breaks down the standard parking requirement for each use and then shows the alternating times the parking spaces will be used based on operating hours and times of day uses as provided by the tenants for these peak days. Total SF Standard MAXIMUM USE DAYS VVednedayand ThursdayUse apacity Re uireme Until 12 PM 12PM-2PM 2PM-4PM 4PM-6PM Afte 6PM 210-Back Porch Grill 3,104 42 4.20 42.00 21.00 25.20 42.00 220-Redefined Coffee 1,738 19 19.00 14.25 9.50 9.50 3.80 230-C o-X 1,162 8 8.00 8.00 8.00 8.00 6.00 240-Bikram Yo a 3,993 20 20.00 10.00 20.00 20.00 18.00 250-SOI Brow 1,788 9 5.40 5.40 9.00 9.00 6.30 250-OrthoMed 450 3 2.10 2.10 2.10 2.10 260-Office 935 3 280-Green Light Driving 3,223 12 6.00 9.00 9.00 116 59 82 76 83 y--<------- - . 817.529.2700 Office 420 Throckmorton Street,Surte 930 817.529.2709 Fax Fori Worih, Texas 76102 I 1/ I 1 ` civil engineering+planning In preparing the SUP site package, we were advise to submit a PD request for the parking deviation. The City code has an Exception Clause in Section 56. D,whereas Groups of uses requiring vehicle parking spaces may join in establishing group parking areas with capacity aggregating that required for each particular use. Where it can be established before the building official that parking for two (2) specific uses occurs at alternating periods,the parking space requirements of the use requiring the greater number of spaces may be applied to both uses in a combined parking area. We are requesting this exception. Our Analyses shows that throughout the peak days,the parking needed ranges from 59 to 85 spaces. The maximum of 85 parking spaces would be needed to meet the needs of the current tenants and the Orthomed Facility and there are currently 88 spaces. The Orthomed facility inside the SOI Eyebrow facility reduced the required parking number. This use is parked at a lower number per SF than the SOI use. We respectfully request consideration of this exception and allow the use to be permitted. Sincerely, Evolving Texas Applicant Representative C" .. f . 4 f p ' ta d.,. :y l N a i° OCT 2`; ;` a 4....A____,_...._......... - 17.529.2700 Office 420 Throckmorton Street Suite 930 817.529.2709 Fax Fori Wori h, Texas 76102 ORDINANCE NO. 2018-082 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ISSUING CONDITIONAL USE PERMIT SU18-03 TO ALLOW FOR MASSAGE SERVICES IN A DISTRICT ZONED "CN" NEIGHBORHOOD COMMERCIAL DISTRICT FOR LOT 2R AND LOT 3R, BLOCK 2, NORTH MAIN STREET ADDITION, PHASE III (250 NORTH MAIN STREET) 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); 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 and 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Ordinance No. 2018-082 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 No. SU18-03 to allow for massage services OrthoMed Manual Therapy) in a district zoned "CN" Neighborhood Commercial District Regulations within the following described property: Lot 2R and Lot 3R, Block 2, North Main Street Addition, Phase III (250 North 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. 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 to Ordinance No. 2018-082 3 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 16th day of October, 2018. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: City Attorney Ordinance No. 2018-082 4 ORDINANCE NO. 2018-083 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ISSUING PLANNED DEVELOPMENT OVERLAY PD18-03 TO DEVIATE FROM, BUT NOT BE LIMITED TO, THE EXISTING PARKING REQUIREMENT LOT 2R AND LOT 3R, BLOCK 2, NORTH MAIN STREET ADDITION, PHASE III (250 NORTH MAIN STREET) 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 PLANNED DEVELOPMENT OVERLAY PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS 27000.00) 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 planned development overlay by making applications for same with the Planning and 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 planned development overlay 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 planned development overlay 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 41 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 planned development overlay, 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 planned development overlay 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 planned development overlay 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 planned development overlay 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. Ordinance No. 2018-083 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 planned development overlay in accordance with Section 41 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 PD1 8-03 to deviate from but not be limited to the existing parking requirement within the following described property: Lot 2R and Lot 3R, Block 2, North Main Street Addition, Phase III (250 North 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. The City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein planned development overlay. 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 Ordinance No. 2018-083 3 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 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 16th day of October, 2018. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: City Attorney Ordinance No. 2018-083 4 LOT 2R & 3 BLOCK 2 SITE SUMMARY TABLE ZONING CN' REQUIREMENTS LOT AREA (SF) 68,746 SF 20,000 MIN PARKING PROVIDED 88 SPACES 116 SPACES BUILDING AREA (SF) 16,393 SF IMPERVIOUS AREA (SF) 67,481 SF LANDSCAPE AREA (SF) 1,265 SF 20% MIN. HEIGHT OF BUILDING (FT) 23.6 FT 30 FT MAX BUILDING COVERAGE (%) 23.8% 0.2 F.A.R. CASE NAME: SU18-03/PD18-03 CASE ADDRESS:250 N. MAIN ST. GRAPEVINE, TEXAS 76051 CURRENT/PROPOSED LEGAL DESCRIPTION: 'CN' (NEIGHBORHOOD COMMERCIAL) SECTION REGULATION PROPOSED DEVIATION EXPLANATION 56 3, 4, 5 88 SPACES PARKING VARIES PER 21.00 25.20 PROVIDED TIME OF DAY BASED 220 - Redefined Coffee 1,738 VS. ON DIFFERENT 19.00 14.25 116 SPACES ULT] -TENANT HOUR REQUIRED OF OPERATION. 9.50 3.80 230 - C - X 1,162 8 8.00 8.00 8.00 8.00 Use Total SF Capnft Standard Parking Requkarrem MAXIMUM USE DAYS Wedneday and Thursday Until 12 PM 12PM-21PM 2PM-4PM 4PY-6PM After 6PM 210 - Beck Porch Grill 3,104 42 4.20 42.00 21.00 25.20 42.00 220 - Redefined Coffee 1,738 19 19.00 14.25 9.50 9.50 3.80 230 - C - X 1,162 8 8.00 8.00 8.00 8.00 6.00 240 - Bikram Yoga 3,993 20 20.00 10.00 2000. 20.00 18.00 250 - SOI Brow 1 1,788 9 5.40 5.40 9.00 9.00 6.30 250 - ORhoMed 450 3 2.10 2.10 2.10 2.10 mIm a kl Z7 260- Office 935 3 280- Green Light Driving 3,223 12 6.00 9.00 9.00 LOT o l aI m 116 59 82 1 76 83 85 THEREFORE, 85 SPACES IS THE PARKING REQUIREMENT FOR 210-280 N. MAIN ST. GRAPEVINE, TEXAS 76051 OrthoMed Manual Therapy Address: 250 S Main St, Grapevine, TX 76051 Hauls: Thursday 9.30AM-6PM FTi-day 4:30AM-5P%4 Saturday Closed Sunday Closed Monday Closed Tuesday 9:30AM-6PM allednesday 9:30AM-6PM EXIST LANDSCAPE ZONED ON COMMERCIAL NEIGHBORHOOD EXIST LANDSCAPE 185 2 _ _ TTTi 15PARKING SPACE EXIST. DUMPSTER EX EXIST LANDSCAPE EXIST. DRIVE DISTRICT T ZONED TRAFFIC FLOW " EXIST. DRIVE APPROACH EXIST cov USE IIST. I I I I I I10PARKINGSPACES EXIST LANDSCAPE EXIST. CONC. WALK - - o- LOT 3 I COMMON AREA/BATHROOM BLOCK: ED SUIT SF) SHARED BETWEEN CN' NEIGHBORHOOD SUITES 250, 260, 280 COMMERCIAL ZONED Z SUITE 280 (3,223 SF) " R-5.0" RESIDENTIAL r suirE 26o I PROPOSED MEDICAL J (935 5I I MASSAGE THERAPY C? "i TRAFFIC FLOW I EXISTING EASEMENT 450 SF) EXIST 21 PARKING SPACES l p_, t: dare l L-- 250 N. MAIN ST. GRAPEVINE, TEXAS 76051 956)-792-2304 7 I craPe.;ne D SU/TE 250 1,788 SF O ZONED "HC" COMMERCIAL HIGHWAY OI DFIV IDOITDI- k A,n,on Z a k C_ -A y mImaklZ7 Wj ZONED R-5.0" 2R 1=C n z RESIDENTIAL 1.1LOTol aI mBLOCK:2 20NED I > r- z CCN' NEIGHBORHOOD m m- COMMERCIAL m SUITETE 240 3,993 SF I Z SUITE 230 (1,162 SF) I I EXIST. LANDSCAPE SU/7E 220 (1,738 SF) I ZONED I I RESIDENTIAL I- SU/7E 210 (3,104 SF) I I I I EXIST. CONC. SIDEWALK EXIST. cor/c. WALK EXIST. I 6 PARKING SPACES I I I I ZONED R -5.0I RESIDENTIAL 185.2185.2 EXIST. POLE SIGN B LOCK' 7- TRAFFIC FLOW EXIST. PATIO HC" ZONED EXIST. 440 S.F. COMMERCIAL HIGHWAY 8 PARKING SPACES EXIST. DRIVE APPROACH CONC. WALK EXIST. LANDSCAPE V - n 2 A LOT 1 BLOCK:1ZONED R-5.0" c5y H ZONED COMMERCIAL HIGHWAY RESIDENTIAL CD a a Z i O LOT cn BLOCK: f'l ZONED HC" COMMERCIAL HIGHWAY v LOT 3 H BLOCK:1 y s k O D xm2k- Z!y xm n may 2 ZONED COMMERCIAL HIGHWAYHC n 2 n D C - - - - n A n r n V/, c/) IN y 2c LOT 4IN Z BLOCK:I 7 ZONED HC" HIGHWAYN m COMMERCIAL I' ZONED HC" COMMERCIAL HIGHWAY LOT 5 BLOCK: 1 ZONED I: 'HC" COMMERCIAL HIGHWAY EX/ST. CONC. WALK I: I EXIST. 3 9 PIVE ES - EXIST. DRIVE APPROACH-- EXIST. DR1 I TRAFFIC FLOW I EXISTING EASEMENT EXISTING BUILDING LINE EXIST 21 PARKING SPACES l p_, t: dare l L-- 250 N. MAIN ST. GRAPEVINE, TEXAS 76051 956)-792-2304 Goaxfl zSa NMh wm craPe.;ne D t ZONED "HC" COMMERCIAL HIGHWAY CR,CI .iC :C'aLE 30' 0' 15' 30' 60' Inl NCINITY MAP N.T 5. LEGEND 250 N. MAIN STREET EXISTING PAVEMENT MARKING EXISTING PAVEMENT EXISTING EASEMENT EXISTING BUILDING LINE APPLICANT: p_, t: dare ORTHOMED MANUAL THERAPY 250 N. MAIN ST. GRAPEVINE, TEXAS 76051 956)-792-2304 OWNER: MDTGRAPEVINE. LTD Goaxfl zSa NMh wm P.O. BOX 802736 DALLAS, TEXAS 75380 craPe.;ne D t FORT WORTH, TEXAS 76102 817)-529-2700 183 DFIV mternatioaat A,n,on NCINITY MAP N.T 5. LEGEND 250 N. MAIN STREET EXISTING PAVEMENT MARKING EXISTING PAVEMENT EXISTING EASEMENT EXISTING BUILDING LINE APPLICANT: D. YVETTE ABREGO - DBA - MEDICAL MASSAGE THERAPY OFFICE ORTHOMED MANUAL THERAPY 250 N. MAIN ST. GRAPEVINE, TEXAS 76051 956)-792-2304 OWNER: MDTGRAPEVINE. LTD P.O. BOX 802736 DALLAS, TEXAS 75380 972)-288-7833 APPLICANT REPRESENTATIVE: EVOLVING TEXAS 420 THRDCKMORTON STREET, SUITE 620 FORT WORTH, TEXAS 76102 817)-529-2700 STREET ADDRESS: 250 N. MAIN STREET GRAPEVINE, TEXAS 76051 LEGAL DESCRIPTION: NORTH MAIN STREET ADDITION, PHASE II LOT 2R k 3. BLOCK 2 ZONING CLASSIFICATION: CN- (NEIGHBORHOOD COMMERCIAL) PROPOSED USE: MEDICAL MASSAGE THERAPY OFFICE SITE PLAN SUBMITTAL DATE: REASON FOR PROPOSED REQUEST: SPEC_AL USE PERMIT SU -18-03 =S A REQUEST' TO ALLOW MASSASGE SERVICES IN A DISTRICT ZONED W'CN: NEIGHBCRHOCD CONMER,'IAL DISTRICT. PLANNED DEVELOPMENT OVERLAY PD18- 3 IS A REQUEST TC DEVIATE FROM, BUT NOT BE LIMITED TO THE EXISTING ?ASKING REIUT_REMENTs. CASE NAME: ORTHOMED SUP CASE NUMBER: SU18-03/PD18-03 LOCATION: 250 N. MAIN ST. GRAPEVINE. TEXAS 76051 MAYOR SECRETARY DATE: PLANNING AND ZONING COMMISSION CHAIRMAN 0 SCALE: JTHA D. 114504 L0 CDr- l!Y V, W r^ Z X cQ Lu Z LU Z Q Lr) CLUV cr NQ DATE: DESIGNED BY: Joshua Chavez CHECKED BY: Samantha Renz SHEET.- __1_ OF PROJECT NO. 2018038 APPROVAL DOES NOT AUTHORIZE ANY WORK DATE: SEPTEMBER 2018 IN CONFLICT WITH ANY CODES OR SHEET: ORDINANCES . I DEPARTMENT OF DEVELOPMENT SERMCES OF I CASE NAME: SUl 8-03/PD1 8-03 CASE ADDRESS: 250 N. MAIN ST. GRAPEVINE, TEXAS 76051 CURRENT/PROPOSED LEGAL DESCRIPTION: "CN" (NEIGHBORHOOD COMMERCIAL) SEC11ON REGULATION PROPOSED DEVIATION EXPLAINATION 56 39 4, 5 88 SPACES PARKING VARIES PER PROVIDED TIME OF DAY BASED VS. ON DIFFERENT 116 SPACES REQUIRED MULTI -TENANT HOURS OF OPERATION.