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HomeMy WebLinkAboutORD 2014-023ORDINANCE NO. 2014 -23 AN ORDINANCE ISSUING A SPECIAL USE PERMIT IN ACCORDANCE WITH SECTION 49 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 SU14 -02 TO ALLOW FOR MASSAGE SERVICES IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82 -73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS SPECIAL 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 special 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 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 considerthe 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 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 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, 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: ORD. NO. 2014 -23 2 Section 1. That the City does hereby issue a special 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. SU14 -02 to amend the previously approved site plan of Ordinance No. 98 -114 (CU98 -44) for a planned commercial center, specifically to allow for massage services (Bigfoot Reflexology) in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 1, Block 1, Tom Thumb Addition (4010 William D. Tate Avenue, #100) 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 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 safely from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. ORD. NO. 2014 -23 3 Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of April, 2014. ATTEST: Jo WC. Brown City Secretary John F. Boyle, Jr./10" City Attorney xmx •� 11! W 11 W W S-101TA 0 William D. Tate Mayor �µ 0 7 3 -m3 0 s n I I I I I w I I i I r ,I Z r = O � u m: I Op =Ow J � O Q J N O FE Q i O O m J GO < 1 0155 LOT 1R, BLOCK i, HERITAGE LOT 1, BLOCK 1, Lo LA PETITE ACADEMY ol� XHi "'IT TO q. ®(T HIGH SCHOOL ADDITION (CAB. A, SLIDE 2677) TOTAL : PARKING REQUIRED "R -MF -2" GILMAR /REILLY BROTHERS MULTIFAMILY DISTRICT ADDITION STANDARD PARKING PROVIDED ADDITION (VOL. 388 -214, PG. 29) I - j 'a T "GU" 43,654 I �0 INLETE (CAB. A, SLIDE 2924) 8 "R -MF -2" ° 10 2 GOVERNMENTAL USE I �(1t 7,182 MULTIFAMILY DISTRICT «« wml5,p 2 43 e w.,x u« `� s• wam re «cE s woo ,Txa 45,582 �_ INK -LE 250.30' oxy. _ 6,839 3 wv «xQ0 O x nc, 13 so 1 lso 109 5 105 4 5 38,133 GRAPHIC SCALE IN FEET LOT 4R -1, BLOCK 1 x /max TOM THUMB ADDITION NO. 1 (CAB. A. SLIDE 8167) "cc" COMMUNITY COMMERCIAL DISTRICT P ° - P E w � q P x x x x I Mx m auxP ^ ns - r93.2' €-' s. ,� . e AV.,.c «O O T- 4000 WLLIAM D TATE AVE, e m Q s e ONE STORY BRICK BLDG. 8. 4 =Ml w« ,.� cM e _ _ _ _ _ _ d -0 slw.4 'c c o AREA OF BUILDING = 75,579 SF j E I 4010 WILLIAM 0 TATE AVE. q-0 'a w « 1 2 101 ®1 u OI O ¢a ONE STORY BRICK BLDG. y °' z �- 59.6' LULU (Tn la - _ � o \ �j a FANP b b b b b b A, vn".Ea+lr/ ME TAIL U I 3, P /I / 0 wc,c ®sa+ ED INLET. - - - gN Hl C (o;s,M Lo,TM Egnwt>E ', I I COVEREO� I AREA'I iiisiiiiiiiiiilpp PA 'PAP 690 N °"` ronxwx 3 vucmTCC < vao,lEaT wcAnaw TAR N O. MAPSCO 41F VICINITY MAP (NOT TO SCALE) SITE DATA LOT NUMBER LOT SIZE (SF) BUILDING COVERAGE OPEN SPACE TOTAL : PARKING REQUIRED HC PARKING REQUIRED STANDARD PARKING PROVIDED HC PARKING PROVIDED 1 386,869 75,579 43,654 304 8 372 10 2 34,836 2,910 7,182 30 2 43 2 3 45,582 10,152 6,839 727 3 123 5 4R -1 337,373 12,383 139,665 109 5 105 4 5 38,133 4,000 9,714 14 2 12 2 6 109,004 WA WA WA WA WA WA � vwc WAII, vu.v5 10 1, BLOCK TOM THUMB ADDITION NO 1 (CAB. A, SLIDE 4962) °^ " "T -: wE s -' (FILED 04/28/1999) °sor` 1 � PCKl 2, B U °x cc TOM THUMB ADDITION N0. 1 s °„ ` `" L (CAB. A, SUDE 4962) a D o4 /z8 y Z w ONE STORY BRICK 2111 HA O NSON. _ jj- 5, BL AREA OF BUILDING = i 2,910 SF EH IAMB AD 0. 1 _ - �A SLI m T ®® •• `cry s wET sit ,xcr c cv —ns w.u. \ i ewv I 1 \ I e w /cur xx e 0" - >xW 4 sv_ J NO BUILDINGS i o x crz d „x 23.3 �1O" rtw¢ o. Q �r� —rte—°M r i 17.2' c 52 9 Ts �. 1 D � O i i STORY BPoOt BLDG 1 LOT 6, BLOCK 1 ppy i TOM THUMB ADDITION NO. 1 AREA OF BUILDING = ONE STORY BRICK BLDG. I vD1 9AU aoHNSON. A,000 SF (CAB. A. SLIDE 8166) .Kx tl r x 4020 WILLIAM D TATE AVE. (REED -` -- 02/19/2003) 11 xrnw AREA OF BUILDING = 10,152 5F ,3 I 01 " LOT 1 -R, BLOCK 1, 6 0 HANSOM HANK "S ADDITION( u S I ^ FX 1 ONE STORY BRICK 'BLDG. a CAB. A, SLIDE 356 v` 4100 WILLIAM 0 TA E AVE. aEC 6, 6, s - e ; s LO 3, b b K t #s "CC" COMMUNITY g= . P; COMMERCIAL DISTRICT € TOM THUMB ADDITION NO 1 wr CAB. A, SLIDE 4962 96s' r -ttss ga, I c navexcxT sw .. c°xwE>E GRA t caelT `y 'R "........ ,. ., I<v � � rx5cr ... ry, O H INLET scx wcv ,2y- aP x Nn ttc s x v ulc elrrxcxE n ALL ssux / Tcc O, crn¢ Vxw,ow.v1 r xsEx P va aHl sW CONOTEIE FLUME � CONCRETE FLUME COxcRETS FULKE _ra aEnr_ _ 348 B _ _ _ _ _ _ 1- -E=GE-=^-11 ® STATE HIGHWAY 121 (WILLIAM D TATE AVE) BOLLARD TRAFFIC SIGNAL POLE (VARIABLE WIDTH R.D.W.) Euo ELECTRIC METER TEU£: TELEPHONE BOX 1 POWER POLE 249 FLOOD LIGHT Ls.# LIGHT STANDARD m . FLAG POLE it WATER METER SNOOTY PIG CAFE TRAFFIC SIGN 5 WATER VALVE IRS R i/2 -INCH IRON ROD e IRRIGATION CONTROL VALVE 7 yy� "PACHECO KOCH" CAP SET 'Ho FIRE HYDRANT (C.M.) CONTROLLING MONUMENT C% CLEANOUT -_ -- PROPERTY LINE IX,p- MANHOLE -x- FENCE Tom❑ TRAFFIC SIGNAL coNraoL � ovERHEAD UTILITY LINE SPECIAL USE REQUEST SU14 -02 IS A REQUEST TO ALLOW MASSAGE FIRE DEPARTMENT CONNECTION SERVICES IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT. -pnl- 426.20)_ CASE NAME: BIG FOOT REFLEXOLOGY CASE NUMBER: SU14 -02 LOCATION: 4010 W.D. TATE AVE. #100 MAYDR SECRETARY DATE: PLANNING AND ZONING COMMISSION CHAIRMAN DATE: SHEET: 1 OF 1 APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES LOT i PARKING TABLE UNIT NO TENANT REQUIRED SPACES 1 TOM THUMB 249 2 AVAILABLE io 3 DELUXE NAILS AND SPA it 4 SNOOTY PIG CAFE 17 5 MONAGHAN'S MARTIAL ARTS 18 6 TOUDANINES FINE DRY CLEANER 14 7 PHENIX SALON SUITES 46 8 TOTAL ass TENANT TABLE UNIT NO SO FT. 11 TENANT 1 62.139 TOM THUMB 2 1,400 AVAILABLE 3 1,050 DELUXE NAILS k SPA 4 LEBO SNOOTY PIG CAFE 5 1,960 MONAGHAN'S MARTIAL ARTS 6 2.800 TOUDANINES FINE DRY CLEANERS 7 4,530 PHENIX SALON SUITES 8 2,910 WEND S 9 6,152 CANTINA LAREDO 10 4,000 COTTON PATCH CAFE 11 4,000 BANK OF 7HE WEST 12 12.383 UNOCCUPIED GflEENHOUSE BUILDING PA/P!C19 TABLE REGULAR 655 SPACES HANDICAPPED 23 SPACES TOTAL STB SPACES lE• OF PE ,ONN S AIOAICOr#1t05 , 6854 ��y. NO ..s V Y.Mf' I THIS DOCUMENT WAS PREPARED FROM RECORD INFORMATION AND IS NOT PURPORTED TO BE A BOUNDARY SURVEY. H&SIMER SOVE pdLaM BLOCK LOTS 19 29 39 ■ THUMB TOM ADDITION . AN ADDITION TO THE CITY OF GRAPEVINE, TEXAS AND BEING OUT OF THE ELIZABETH COX SURVEY, ABSTRACT NO. 352 TARRANT COUNTY, TEXAS 014 EW )88 IBSUPY.DWG