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Home My WebLink AboutItem 02 - CU07-01 Starkey Hearing Foundation ITEM # r Z w� TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELO , CITY MANAGER SCOTT WIL P DEVELOPMENT SERVICES DIRECTOR4"T MEETING DATE: MARCH 20, 2007 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU07-01 1 � , -Grapevine y . APPLICANT: Patricia Steerman t Lake a,a Ra 1 1 i.H.1635 No as t ,Nao�,.' � .r• PROPERTY LOCATION AND SIZE: or The subject property is located at 432 Ball Street and s Airport FW � i Hai!-Johnson �� is legally described a , Tracts 9L and 9T Abstract i ,� � 1 518 A. Heirs Foster Survey. The property contains approximately .713 acres and has 140 feet of iro frontage along Ball Street. 0 �i REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to allow a non-profit organization within a residential zoning district. The Starkey Hearing Foundation is currently operating at the subject location which is developed as a single family house in the"R-7.5"Single Family District. The applicant has stated that this structure, previously used as a single family residence, is now being used as an office for five people with no incoming business traffic. The property was leased by the applicant for office uses for the Foundation without realizing that it was not zoned for office uses. The site does not meet the definition of a"customary home occupation"since it is not secondary to the principal residential use and is not owner/resident occupied and 0-.VCU\CU07-01 AdocCU07-01.4 March 12,2007(2:49PM) individuals that are not residents of the home work at the location. Within the "R-7.5" Single Family District guidelines, a non-profit organization of an educational, religious, or cultural type can be considered through the use of a conditional use request. See the attached letter. PRESENT ZONING AND USE: The property is currently zoned "R-7.5" Single Family District and is developed as a single family residence. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the surrounding properties to the north, south, and west were zoned "R-1" Single Family District prior to the 1984 City Rezoning. Properties to the east were zoned "R-2" Two Family District. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-7.5" Single Family District - single family residence SOUTH: "R-7.5" Single Family District - single family residence EAST: "GU" Governmental Use District— Botanical Garden WEST: "R-7.5" Single Family Residential District - single family residence AIRPORT IMPACT: The subject tract is not located within any of the noise zones as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Residential Low Density land use. 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APPLICANT INFORMATION Name of applicant/agent:/company/contact f1 �p �bok)p�(W Street address of applicant/agent. City/State/Zip Code of applicant/agent: r T-(� z-s `ZteoD'�-I Telephone number of applicant/agent. Fax number of applicanbagent 3, 2S C7 qqz• GAS 3 Email address of applicanbagent Mobile phone number of applicanbagent �P�tn Ct �-. a s F a Cep r'Yi Z H - Z Applicant's interest in subject property: e PART 2. PROPERTY INFORMATION Street address of subject property-r -j Legal description of subject property(metes&bounds must be described on 8 1/2"x 11"sheet) L q T" 5 ) 9 � Size of subject property W F �44 — Acres f L' Square footage Present zoning classification: Proposed use of the property: C,iS O` TI RL 1 0 WI-t b�- Minimum/maximum distract size for conditional use request: Zoning ordinance provision requiring a conditional use: PART 3. PROPERTY OWNER INFORMATION Name of current property owner., Street address of property owner. City/State✓Zip Code of property owner. (�`►� 1�2 fe-v-alS `ZLaDYI Telephone rC number of property owner. �---�y Fax number of property owner: O:iZCU\FORMSiapp.cu.doc 2 vw.ci.grapevine.bc.us JA 2 2007 m CLto--7- D Submit a letter describing the proposed conditional use and note the request on the site plan document In the same letter, describe or show on the site plan,and conditional requirements or conditions imposed upon the particular conditional use by applicable district regulations(example:buffer yards, distance between users) ❑ in the same letter, describe whether the proposed conditional use will,or will not cause substantial harm to the value, use, or enjoyment,` other property in the neighborhood. Also,describe how the proposed conditional 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. Alt conditional use and conditional 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. ,41 Any changes to a site plan(no matter how minor or major)approved with a conditional use or conditional use permit can only be approved /by city council through the public hearing process. C9r f have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowledge that all requirements of this application have been met at the time of submittal. PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE REQUEST SiGN ON THE SUBJECT PROPERTY Print Applicant's Name: Applicant's Signature: The State of t County Of ��"�C.- �c-�- Before Me CY��- C -t�� on this day personally appeared V,-i{�C-- yii (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 cons' eration therein expressed. (Seal)Given under my hand and seal of office this �—day of A.D.2-=D. oco ao"opYP�g4o SIOU?C SERRAN® ' i' * NOTARY PUBLIC STATE OF TEXAS Not In And r State Of s OFSv My Comm. Exp.06-17-08 Print Property Owners Name: Property Owner's Signature: The State Of 5 County Of BeforeMe -kSA. L-t.E on this day personally appeared � � v -0 A) (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 acknowledge oses and consideration therein expressed. f (Seal)Given nd o and sealllo!SNdeffilas day L�Ll �, _ A.D. . = Notary Public * � t STATE OF TEXAS OF Z` My Comm.Exp.01-22-09 Notary n And For St to Of Texas O:\ZCU\FORMS\app.cu.doc 3 www.d.grapevine.tx.us JAN 12 2007 ACKNOWLEDGEMENT CUD-7 - 0 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 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 filing 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: 1 a - Z'gt - Lq� i Signature of Owner Date: JAN 1 2 2007 YY 0AZCU\F0RMS\app.cu.doc 6 -. `.grapevine.tx.us Hearin Foundation January 11, 2007 6700 Washington Ave.South Eden Prairie.NIx 55344 l Mr. Ron Stomaugh Administrative Office Development Manager JAN Z007 432 Ball Street Grapevine,Tx 76051 200 South Main Street Grapevine, Texas 76051 ww�a.sotheworldmayhear.org Dear Mr. Stombaugh, Enclosed is our application for consideration of a conditional use zoning variance. We believe we qualify under Section 48 of your planning and zoning ordinances. The Starkey Hearing Foundation is a 501(C)(3)public charity. The foundation was created to provide hearing health awareness and education, as well as providing hearing instruments to those in need around the world. Our Headquarters is in Eden Prairie, Minnesota. The office we set up at 432 Ball Street is a small administrative office that relocated to Grapevine for a number of reasons. Since our travel is frequent and international, close proximity to DFW Airport was important. Another reason we came to Grapevine was that it is our intent to eventually replicate our annual gala that is held in St. Paul Minnesota here at the Gaylord Hotel. The event is our main fundraiser and pays for the mission work we do. To expand our operation, we need to produce another gala and we believe the Dallas Fort Worth area, and particularly Grapevine, is the place to do it. We have a staff of 5 people working at the 432 Ball Street location. Our hours are 7:30 a.m. to 5:30 p.m. and occasional weekends. There is no signage whatsoever at this location and no "traffic". We have invested about $25,000 on landscape and fixing the house up and maintain it in a manner consistent with the rest of the neighborhood. The work that was done was primarily electrical, flooring and landscape. There was no construction involved. Our use of the house is strictly office use. We have established good relationships with the neighbors that we have met. We apologize that the homework was not done as well as it could have been on the front end and that we all find ourselves in this situation. We truly did not know that we were operating outside the guidelines for what was typical for this area. That said, we appreciate your consideration of our application. cerely, Patricia Steerman Starkey Hearing Foundation 4 , January 09,2007 JAN 1 2 200- City of Grapevine 200 South Main Street Grapevine, Texas 76051 To Whom it May Concern, I am writing this letter as both personal as well as professional references for Patricia Steerman and Debbie Wright, with the Starkey Hearing Foundation. My work with these women began in 1982 when we worked on a local family and youth counseling agency. The connection has lasted for 25 years. We've worked on endeavors and projects in both the for-profit and not-for-profit sectors. They have a great national network of friends and associates, some of whom are former Cowboy players who they have worked with on community projects with much success. When I found out about the situation with the house that they have moved their office in to, I felt compelled to send some sort of reference for them. I assure you that they will be an asset to Grapevine, either through the community projects that they are always involved in or through individual efforts and involvement. You couldn't ask for better corporate or personal citizens. I would welcome further questions or inquiries. Sincerely, John A. Weber Chaplin Dallas Cowboys Football Club Cowboys Center one Cowboys Parkway Irving,Texas 75063-4999 972/556-9900 www.dallascowboys.com clj -- January 11, 2007 City of Grapevine 200 Main St. Grapevine,TX 76051 J A N rU Re: Starkey Hearing Foundation To whom it may concern: My name is Scott Norton and I own the house at 432 Ball Street in Grapevine.The staff at the Starkey Hearing Foundation has been a pleasure to work with.They are very quiet,they do not have come and go traffic and they have made such an effort to blend into the neighborhood. They have added substantial value to the property since moving in by additional landscaping and amenities inside the house. I am now a neighbor to Starkey living an 1/8 a mile down the road. They are community minded and have reached out to many local people by providing hearing aids. I believe they were taken by surprise to find they were operating outside of the city ordinance. It was never their intention to do so. If you have any further questions please contact me at 817-819-6950. Sincerely, LAC- Scott Norton a r { u . rfi r x V R Yak 4 .�4 � m5. L f e Pill w CU �e b e 0 - 1 1 ,rich equals 50 feet Starkey Hearing Foundation File #: CU07-01 STARKEY HEARING FOUNDATION WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON MONDAY MARCH 19 2006 Procedure to Respond: As (a Pro r within 200 feet of the subject tract) or (an interested citizen), I (approv ) (protest) - nd/or (have the following comments) b'dC/ u �ed ti wx.P WIr4 a Cx)ryi e r c is risey oC2kei Print Name and Address, or Lot, Block and Subdivision: Ames K�LL-" 4-4 3 ( Signature: Phone No.) g Telephone: (817)410-3155 Fax: (817)410-3018 Direct questions and mail responses to: Planning Secretary Department of Development Services City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 RECENED MAR 1 3 2007 ORDINANCE NO. AN ORDINANCE ISSUING 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 CONDITIONAL USE PERMIT CU07-01 FOR A NON-PROFIT ORGANIZATION WITHIN A RESIDENTIAL ZONING DISTRICT IN A DISTRICT ZONED "R-7.5" SINGLE FAMILY 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 CONDITIONAL 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 conditional use permit by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent property from flood or water damages, noise producing elements, and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting, and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine, Texas, did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS, the City Council further considered among other things the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and encourage the most appropriate use of land throughout this City; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is a public necessity for the granting of this conditional use permit, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that the conditional use permit lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, prevents the overcrowding of land, avoids undue concentration of population, facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this conditional use permit and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified and, therefore, feels that the issuance of this conditional use permit for the particular piece of property is needed, is called for, 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. 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 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 Conditional Use Permit No. CU07-01 to allow a non-profit organization (Starkey Hearing Foundation) within a residential zoning district in a district zoned "R-7.5" Single Family District Regulations within the following described property: Tracts 9L and 9T, Abstract No. 518, A. Heirs Foster Survey (432 Ball 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. ORD. NO. 3 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 20th day of March, 2007. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4 L7Y8dSV ,6P, .r A•0-W f77GYlWYA M„SL , It .trOS=Q3 o .Q � S6 �t t= I M, ,9Z,tOS ram ;, 8� �Z �'0 C4 dl 03ddY0 !3S dl 03d, y o M z - Z N cli d Ca O ZT9 W 'Aa0 v � Z ti w Y Z _Z W Z a 30M3d aoaM Z co J L=) J �. 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