HomeMy WebLinkAboutItem 05 - SU12-03 Peace, Bliss, and Joy Massage TherapyITEM # S `� O
IF 7
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: NOVEMBER 20, 2012
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF SPECIAL
USE APPLICATION SU12 -03 PEACE BLISS AND JOY
MASSAGE THERAPY
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y 4Grapevine yAPPLICANT: Sandhya Hande
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PROPERTY LOCATION AND SIZE:
a CD y' The subject property is located at 520 South Main
Street, Suite 108, and is platted as Lots 1R, 2 and
Hall-Johnson sy Ai p 313, Block 4, City of Grapevine Addition. The
_ property contains 0.721 acres and has approximately
�i 255 feet of frontage along South Main Street, 43 feet
Glade Rd. — c —� —� of frontage along Franklin Street and 92 feet of
3 frontage along West College Street.
REQUESTED SPECIAL USE AND COMMENTS:
The applicant is requesting a special use permit to allow for massage services.
The applicant proposes to establish a massage therapy business in a 230 square foot
lease space in the multitenant building located at 520 South Main Street. The applicant is
a licensed massage therapist authorized to practice in the State of Texas. See the
attached documentation.
PRESENT ZONING AND USE:
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.
O:1ZCMU12 -03.4 1 November 13, 2012 (4:54PM)
HISTORY OF TRACT AND SURROUNDING AREA:
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 (CU12 -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 (CU12 -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.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CBD" Central Business District Willhoite's
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.
MASTER PLAN APPLICATION:
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.
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WZMSUI2 -03.4 2 November 12, 2012 (3:20PM)
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SPECIAL APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant/agent.-/company/contact
SA lv.b# YAE ^lvb £ A;
LISS
Street address offapplicant/ agent:
/0 - e / 'see AJAfs -7-6 n(cf '64
City / State /Zip Code of applicant / agent:
4:lri-f*106VIN�E_ 7-,k W o S / Of
Telepho a number of applicant/ agent:
(J0/ 7,) 30SO - tfIS/
Fax number of applicant /agent.
Email address of applicant /agent
Mobile phone number of applicant/ agent
Applicant's intO6st in subject property.
PART 2. PROPERTY INFORMATION
Street address of subject property
! og
, c?o s MAltl sr
Legal description of subject property (metes & bounds must be described on 8 1/2"x 11" sheet)
Lot %R 'W -3de Block 4 Addition Cl CW6I%/
Size of subject property
7-?7 Acres
Square footage
Present zoning classification: Proposed use of the property:
Cd ,D I ep -miz •e A- u,e�,,rT �- aGFi
Minimum / maximum district size for special use request:
Zoning ordinance provision requiring a special use:
suto
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner:
<3114Tw /C, LGC
Street address of property owner.-
Sao s ..►1s4/A( Sr
City/ State/ Zip Code of property owner:
creA,, ✓iA/� 76 05'/
Telephone number of property owner:
s67
Fax number of property owner:
- ye99
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❑ Submit a letter describing the proposed special use and note the request on the site plan document
❑ In the same letter, describe or show on the site plan, and special requirements or conditions imposed upon the particular special use by
applicable district regulations (example: buffer yards, distance between users)
❑ In the same letter, describe whether the proposed special use will, or will not cause substantial harm to the value, use, or enjoyment of
other property in the neighborhood. Also, describe how the proposed special use will add to the value, use or enjoyment of other property
in the neighborhood.
❑ Application of site plan approval (Section 47, see attached Form 'B").
❑ The site plan submission shall meet the requirements of Section 47, Site Plan Requirements.
❑ All conditional use and special use applications are assumed to be complete when filed and will be placed on the agenda for public hearing
at the discretion of the staff Based on the size of the agenda, your application may be scheduled to a later date.
❑ All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings maybe continued to the
next public hearing. Public hearings will not be tabled.
❑ Any changes to a site plan (no matter how minor or major) approved with a conditional use or special use permit can only be approved by
city council through the public hearing process.
❑ I have read and understand all the requirements as set forth by the application for conditional use or special use permit and acknowledge
that all requirements of this application have been met at the time of submittal. _
PART 4. SIGNATURE TO AUTHORIZE SPECIAL USE REQUEST AND PLACE A SPECIAL USE
REQUEST SIGN ON THE SUBJECT PROPERTY
Print Applicant's Name:
The State Of 76xd'S
County Of ziQ-%
Before Me LA SQ n
..hii111Ia,_ (notarv)
Applicant's
on this day personally appeared IS a11 co k Q 4arvict
(applicant)
jbfJ$id�d to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and
tc tfl'gt he executed the same for the purposes and consideration therein expressed.
ea r y hEnd and seal of office this ! day of C "R]be r A.D. @01D.
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�� 3/20% �` *��� Notary to A For tate Of Texas
At#hanqoot o6A OU
Print Property Owners Name:
The State Of / 9-09
County Of Tc rrQ.of
Before Me O-Q n 8Q4e" on this day personalty appeared _ _ W L�—,Qt O n Ck
(notary) (property owner)
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 coniLderation therein expressed.
(Seal) Given under my hand and seal of office this r �d day of %wo%— A.D. Q0 1Z
161Ir1e0.
San
ry Notary In And
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000, 21DA
ACKNOWLEDGEMENT
Ali Conditional Use and Special Use Applications are assumed to be complete when filed and
will be placed on the agenda for public hearing at the discretion of the staff. Based on the size
of the agenda, your application may be scheduled to a later date.
All public hearings will be opened and testimony given by applicants and interested citizenry.
Public hearings may be continued to the next public hearing. Public hearings will not be
tabled.
Any changes to a site plan (no matter how minor or major) approved with a conditional use or
a special use permit can only be approved by city council through the public hearing process.
Any application for a change in zoning or for an amendment to the zoning ordinance shall
have, from the date of submittal, a period of four months to request and be scheduled on an
agenda before the Planning and Zoning Commission and City Council. If after said period of
four months an application has not been scheduled before the Commission and Council said
application shall be considered withdrawn, with forfeiture of all riling fees. The application,
along with the required filing fee may be resubmitted any time thereafter for reconsideration.
Delays in scheduling applications before the Planning and Zoning Commission and City
Council created by city staff shall not be considered a part of the four month period.
! have read and understand all of the requirements as set forth by the application for
conditional use or special use permit and acknowledge that all requirements of this
application have been met at the time of submittal.
Signature of Applicant _
Date:
Signature of Owner
Date: �O !
Ar
ORDINANCE NO.
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 SU12 -03 TO ALLOW
MASSAGE SERVICES IN A DISTRICT ZONED "CBD"
CENTRAL BUSINESS DISTRICT UNDER CITY OF
GRAPEVINE ORDINANCE NO. 82 -73ALL 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 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 otherthings 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.
ORD. NO. 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 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 SU12 -03 to allow massage services in a district zoned "CBD" Central
Business District within the following described property: Lots 1 R, 2, and 313, Block 4, City
of Grapevine (520 South Main Street, Suite 108), 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. That 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 h6ve 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 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 e 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. 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 passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE on this the 20th day of November, 2012.
APPROVED:
ATTEST-
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ORD. NO. 4
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