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Home My WebLink AboutORD 2018-082 ORDINANCE NO. 2018-082 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE ISSUING SPECIAL 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 (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 SPECIAL 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 special 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 special 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 special 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 49 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, 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 special 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 special 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 special 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 special 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: Section 1. That the City does hereby issue a special use permit in accordance with Section 49 of Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City Ordinance No. 2018-082 2 of Grapevine, Texas, same being also known as Appendix "D" of the City Code, by granting Special Use Permit SU18-03 to allow for massage services (OrthoMed Manual Therapy) in a district zoned "CN" Neighborhood Commercial District within the following described property: Lot 2R and Lot 3R, Block 2, North Main Street Addition (250 North Main Street), all in accordance with a site plan approved pursuant to Section 49 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 special 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 safety 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 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 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. Ordinance No. 2018-082 3 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 passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE on this the 16th day of October, 2018. APPROVED: William D. Tate Mayor ATTEST: GRAPE/ / / \<,\/ \ J U� `. im Tara Brooks City Secretary * * APPROVED AS TO FORM: City Attorney Ordinance No. 2018-082 4 L 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 Total SF 1Capac" Standard Parking Re*e ement CASE ADDRESS:250 N. MAIN ST. GRAPEVINE, TEXAS 76051 42 CURRENT/PROPOSED LEGAL DESCRIPTION: 'CN' (NEIGHBORHOOD COMMERCIAL) SECTION REGULATION PROPOSED DEVIATION EXPLANATION 56 3, 4, 5 88 SPACES PARKING VARIES PER 3.80 230 - C - X PROVIDED TIME OF DAY BASED 8.00 8.00 VS. ON DIFFERENT 6.00 240 - Bkrann Yoga 116 SPACES REQUIRED ULTI-TENANT HOUR OF OPERATION. 20.00 10.00. 20.00 20.00 18.00 250 -SOI Brow 1,788 9 5.40 5.40 9.00 9.00 Use Total SF 1Capac" Standard Parking Re*e ement MAXIMUM USE DAYS Wedneday and Thursday UnUl 12 PM 12PM-2PM 2PM-4PM 4PM-6PM After GPM 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 - X 1,162 8 8.00 8.00 8.00 8.00 6.00 240 - Bkrann Yoga 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 _ V 260- Office 935 3 r- � 280- Green Light Driving 3,223 12 - 6.00 9.00 1 9.00 UDi 116 59 1 82 76 83 1 s5 THEREFORE, 85 SPACES IS THE PARKING REQUIREMENT FOR 210-280 N. MAIN ST. GRAPEVINE, TEXAS 76051 OrthoMed Manual Therapy Address: 2501 S Main St, Grapevine, TX 7605 Hours: Thursday 4:30AM-611"M Friday 9:30A.M-SPM Saturday Closed Sunday Closed Monday Closed Tuesday 4:30AM-6PM we'driesday 4:30AM-6PM S U 1 8-03/P D 18-03 approved with the condition that: changing the request to 88 parking spaces and that any future uses within the building relative to the occupancy load must comply such that the maximum number of parking spaces to be utilized will need to be 88 and requiring staff to immediately and formally notify the owner of the property of these changes to the parking requirements. EXIST. LANDSCAPEZONE="c rCOMMERCIAL NEIGHBORHOOD EXIST LANDSCAPE 85.2111-1- - I EXIST. DUMPSTER EX/ST 15 EXIST LANDSCAPE PARK/NG SPACES I EX/ST. DRIVE ZONED TRAFFIC FLOW EXIST. DRIVE APPROACH "cu" GOVERNMENT USE EXIST. 10 PARKING SPACES 1 EXIST. LANDSCAPE 1 EXIST. CONC. WALK I 0- LOT 3 1COMMON AREA/BATHROOM N BLOCK:2 (524 SF) SHARED BETWEEN ZONED SUITES 250, 260, 280 'CN' NEIGHBORHOOD COMMERCIAL ZONED Z SUITE 280 (3,223 SF) 0" RESIDENTIAL 0 -r sulrE 260 I PROPOSED MEDICAL (935 SF) I MASSAGE THERAPY o 250 N. MAIN STREET EXISTING PAVEMENT GRAPEVINE, TEXAS 76051 185.2 - - - - - - - (450 SF) LOT 2R h 3, BLOCK 2 APPLICANT: _ XIS DRI -25 EXIST. POLE SIGN 250 N. MAIN ST. GRAPEVINE, TEXAS 76051 (956)-792-2304 OWNER: Ir. TRAFFIC FLOW P.O. BOX 802736 DALLAS, TEXAS 75380 SUITE SF O 'HC" 0 > 1. �o -�- EXIST. m k FORT WORTH, TEXAS 76102 (817)-529-2700 D jA Z2k k C A n k I'Dj ZONED Zk - - ILL IJ "R-5.0" RESIDENTIAL N 'Doo o�` oa z- 2 LOT 2R n o1 z m EXIST LANDSCAPE ti _ V � = BLOCK: 2 A 1 r- � ZONED 'CN' ^51 m x NEIGHBORHOOD UDi M rrir1-" COMMERCIAL ZONED m ZONED SUITE 240 3,993 SF i Z Q "HC" COMMERCIAL HIGHWAY SU17F_ 230 (1,162 SF) I I EXIST. LANDSCAPE n - a - � N SUITE 220 (1,738 SF) I ZONED Z I I RESIDENTIAL � -� - - - - - - - - SUITE 210 (3,104 SF) I ( SIDEWALK) LOT 2 I EXIST GONG, BLOCK: fTl ZONERCIALD "H EXIST. GONG. WALK T A- GD 2 v - -� C" COMMEL HIGHWAY - - - LOT 3 - H EXIST. I -� - k-�. Z BLOCK:1 y 6 PARKING SPACES I D I x " U, x TI n G7 ZONED "HC" COMMERCIAL HIGHWAY C) n ZONED "R-5.0" RESIDENTIAL EXIST DRIVE APPROACH-----� 1 EXIST. DRIVE TRAFFIC FLOW I EXIST 21 PARKING SPACES L__ �_.. ... .. .._�- - ZnnlFo HC" COMM��ciAL H GHWAY IBI TO Page _ , I..I I. ,\IP 30' 0' 15' 30' 60' ou, o �zSO Nano Mdn Sken Grapev,rce �� L1 +3 DFA/ mtemunn�ml Airport IAOMTY MAP N.T.S. LEGEND EXISTING PAVEMENT MARKING 250 N. MAIN STREET EXISTING PAVEMENT GRAPEVINE, TEXAS 76051 185.2 - - - - - - - EXISTING BUILDING LINE LOT 2R h 3, BLOCK 2 APPLICANT: _ XIS DRI ORTHOMED MANUAL THERAPY EXIST. POLE SIGN 250 N. MAIN ST. GRAPEVINE, TEXAS 76051 (956)-792-2304 OWNER: Ir. TRAFFIC FLOW P.O. BOX 802736 DALLAS, TEXAS 75380 EXIST. PATIO (972)-288-7833 'HC" BLOCK'2 ZONED -�- EXIST. 420 THROCKMORTON STREET, SUITE 620 FORT WORTH, TEXAS 76102 (817)-529-2700 440 S.F. COMMERCIAL HIGHWAY 8 PARKING SPACES EXIST. DRIVE APPROACH-1coNc. WALK - EXIST LANDSCAPE _ V � = � a 'T_ A - - LOT 1 2 BLOCK: 1 ZONED ZONED "R-5.0'RESIDENTIAL Q "HC" COMMERCIAL HIGHWAY CY) n - a - � N Z 0 - - - - - - - - - - - - LOT 2 BLOCK: fTl ZONERCIALD "H T A- GD 2 v - -� C" COMMEL HIGHWAY - - - LOT 3 - H - -� - k-�. Z BLOCK:1 y k D I x " U, x TI n G7 ZONED "HC" COMMERCIAL HIGHWAY C) n D -may Z CD D ``Z^^ VJ I"tn 2 LOT 4 _v�mi - - Z BLOCK:1 T Pn ZONED "HC" HIGHWAY M COMMERCIAL - I' ZONED "HC" COMMERCIAL HIGHWAY LOT 5 BLOCK: 1 ZONED "HC" COMMERCIAL HIGHWAY o- EXIST. CONC. WALK I EXIST. (� 9 PARKING SPACES EXIST DRIVE APPROACH-----� 1 EXIST. DRIVE TRAFFIC FLOW I EXIST 21 PARKING SPACES L__ �_.. ... .. .._�- - ZnnlFo HC" COMM��ciAL H GHWAY IBI TO Page _ , I..I I. ,\IP 30' 0' 15' 30' 60' ou, o �zSO Nano Mdn Sken Grapev,rce �� L1 +3 DFA/ mtemunn�ml Airport IAOMTY MAP N.T.S. LEGEND EXISTING PAVEMENT MARKING 250 N. MAIN STREET EXISTING PAVEMENT GRAPEVINE, TEXAS 76051 EXISTING EASEMENT - - - - - - - EXISTING BUILDING LINE LOT 2R h 3, BLOCK 2 APPLICANT: D. YVETTE ABREGO - DBA - PROPOSED USE: ORTHOMED MANUAL THERAPY SITE PLAN SUBMITTAL DATE: 250 N. MAIN ST. GRAPEVINE, TEXAS 76051 (956)-792-2304 OWNER: MDT GRAPEVINE. LTD P.O. BOX 802736 DALLAS, TEXAS 75380 (972)-288-7833 APPLICANT REPRESENTATIVE: EVOLVING TEXAS 420 THROCKMORTON STREET, SUITE 620 FORT WORTH, TEXAS 76102 (817)-529-2700 STREET ADDRESS: 250 N. MAIN STREET GRAPEVINE, TEXAS 76051 LEGAL DESCRIPTION: NORTH MAIN STREET ADDI TON, PHASE II LOT 2R h 3, BLOCK 2 ZONING CLASSIFICATION: -CN- (NEIGHBORHOOD COMMERCIAL) PROPOSED USE: MEDICAL MASSAGE THERAPY OFFICE SITE PLAN SUBMITTAL DATE: REASON FOR PROPOSED REQUEST: ::I ECIAL USE PERMIT SJ -18-03 1S A R=.QDEB I' PO AL -OW HAZSASGE SERVICES .`N A DISTRICT ZONED "CN: NEIGHBCRBOCD CIIVNER::IAL DISTRICT. PLANNED DEV_:OPhLI HT OVERLAY PD18- 3 IS A_ REQUEST TC DEVIATE. FROM, BT1T NOT EE LIM_= TC THE EXISTING PARKING RE]U-R EMENTS. 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 DATE: SHEET. -I--OFy APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT wTH ANV CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES SAMANTHA D. RENZ p . 114504 _12 LU 0 0 L() Q0 F U) _ZX CQ W G F - Z W Z O 5; N W ^ ^ �LL rLLn v Z W F_ U/ SCALE: 1 = 30 DRAWN BY: Joshua Chavaz DESIGNED BY. Joshua Chavez 1 DF 1 EXHIBIT Page 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 EXPLAINATION 56 3. 49 5 88 SPACES PARKING VARIES PER PROVIDED TIME OF DAY BASED VS. ON DIFFERENT 116 SPACES REQUIRED MULTI -TENANT HOURS OF OPERATION.,