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Home My WebLink AboutORD 2016-038ORDINANCE NO. 2016-038 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 SU16-01 TO AMEND THE PREVIOUSLY APPROVED SITE PLAN OF CU95-09 (ORDINANCE NO. 1995-24) FOR A PLANNED COMMERCIAL CENTER, SPECIFICALLY 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); 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. Ordinance No. 2016-038 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 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 SU 16-01 to amend the previously approved site plan of CU95- 09 (Ordinance No. 1995-24) for a planned commercial center, specifically to allow for massage services (Lucky Foot Spa) in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 3R, Park and Wall (2011 West Northwest Highway #140) 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. Ordinance No. 2016-038 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 17th day of May, 2016. 4z� Willa D. Tate Mayor Tara Brooks City Secretary John F. Boyle, Jr. City Attorney �m w Y. /C2 114 -*- Ordinance No. 2 01 6-038 4 164.19' Ol —71,67 J)135" vOl. l88 .655200 0. s SWR EASEMENT 57167 PG.5520R. '- 25 ___ _ VOL_ 156 . 4zOR _ _ _ _ _ _ BU LANG SETBACK LINE N2g I 'I G. 1—— SUITE _ I I y - I I � i l SUITE 100 MANPOWER i5TE SF I --Y SUITE it0 l4T 3R ___ AL SUITE STATE INS I ,8 -:1 -4T AND WALL .107 SF SINGLE STORY MASONRY BUILDING 1 m I -- ADDITION SVITE 120 WITH UNDERGROUND FACILITIES j l f 9 UOL. A,[`ll DANCE STUDIO , 1 a P .3691 460 SF OT 1 BLOCK A - G.T.E. -GRAPEVINE ADDITION VOL. A PG. 2664 '- -T -- SUITE 130 Ial CHIROPPRACTIC 458 BE LO HU z - t i 3MEDICALF I LUTHERAN CHURCH ADDITION - 1 w2 1 Iw Iwn h -T za� a r I BLDC LOT 1 VOL, 38 8-156. Pc. 42 _ 1 EASEMENT ESTATE I�,� zoNwG - wn>` W 3 oNE sroav w ISI "TRACT II' I. . "PO" PROFESSIONAL OFFICE DISTRICT = - L11 a MASONRY Ig m ZI NQ m IBmI,, i0 i. IFI' BUILDING Z _ SUITE 150 CLINICAL I PED1`27 SF CS 44J2 CASEMENT �g T Iwa o ---— - ----- :cc z _ 7�7 89°49'54"E 166 27'I Ii __3.500 S.F I! I I MEDICAL BLDG 00S 0 53.'0' W o� �1 4(QT'53.00'Zo OM CI coSTRICT S 89'555' E\ ' CING4 ERC' OMMUT 39.55' canrarr� a•vi.,r.. ``. LOT 4 5208 5 89 58' S" - IT T' PARK AP(D`,\ V ATAR f� I VICENIT�' MAP yN NOT -TO -SCALE a ti O D 25' 50' 1 GRAPHIC SCALE: I " 95813 INFORMATION (SQ. FT.) E --Q- P OVERHEAD UTILITY POLE W1 GUY SITE DATA TABLE UNIT NO. ELECTRIC OR TELEPHONE LOT NUMBER LOT SIZE (SF) BUILDING COVERAGE OPEN SPACE TOTAL PARKING REQUIRED HC STANDARD PARKING PARKING REQUIRED PROVIDED HC PARKING PROVIDED 2 30,000 2,550 27,450 13 - 18 1 4 228,690 60,279 168,411 238 - 254 4 5 98,267 21,064 77,203 175 - 101 6 6R 196,928 30,500 766,428 193 - 212 - 3R 40,029 17,238 28,791 - - 33 3 95813 H. s^ S y SR' FRE HYDRANT ECORq MEDICAL t�� Z O CHISELED "%' SET BLDG O zEr CHISELED 'x" FOUND NING O .R RON ROD FOUND SIZE AS NOTED� l(Dy /\1IUN R TOMMRO(AL`\'te( 1 )'R IRON ROD SET SIZE AS NOTED ,DISIC&)'6i'3.600 S.F. MEDICAL BLDG ^; r' r- F i l `krr, pDRaV0'O W�N LOT 4' i`,J 1ho4 O00 AC "ES(O1'iWv,AND/IyALL AD61flyN L1ZV.3-80-217, PG. 100r0,000 TARRANT' y`'OI,"tY MAP RECOODr$,� d. RETAIL E 10CC'COMLDISTRICTLOT;!2��59 A&aS\ZONING Cry,MIJNIY FOMMERC�41 irog4?0��N 7I �_ z_______________z�ETaUiR--------�50.218 ClOPiRTM55.70'Snr ' FAsC. T �5' 3]r.TS TREEo,re3 P E¢85'44'of-B'- 426.95' I INFORMATION (SQ. FT.) E --Q- P OVERHEAD UTILITY POLE W1 GUY 40,029 UNIT NO. ELECTRIC OR TELEPHONE TENANT PARKING REQUIRED LL?LIGHT POLE JILUNDERGROUND 1,576 MANPOWER MSANITARY SEWER MANHOLE 110 1,072 3,300 SF 120 ; i I-�EDCAL 4 130 1,458 CHIROPRACTIC OFFICE �/BLDG W 140 1,200 REFLEXOLOGY 8 150 4,472 CLINICAL PEDIATRICS 30 i Lor 1a BLOCK 1 H W r' NOTE FOR LOTS 2, 4 AND 5: d 1 1 OR II LAKEVIEW PLAZA SUBDIVISION VOL. 388-174 PG. 38 ZONING "PO" 4 PARKING SPACES FOR EACH 1,000 GLA PLUS 10 PARKING EACH 1,000 SQUARE FOOT OF RESTAURANT. SPACES FOR H V F®� r►, yyy P�1 Y/ _ PROFESSIONAL OFFICE m LEGEND Z I� H. s^ S y SR' FRE HYDRANT ECORq MEDICAL t�� Z O CHISELED "%' SET BLDG O zEr CHISELED 'x" FOUND NING O .R RON ROD FOUND SIZE AS NOTED� l(Dy /\1IUN R TOMMRO(AL`\'te( 1 )'R IRON ROD SET SIZE AS NOTED ,DISIC&)'6i'3.600 S.F. MEDICAL BLDG ^; r' r- F i l `krr, pDRaV0'O W�N LOT 4' i`,J 1ho4 O00 AC "ES(O1'iWv,AND/IyALL AD61flyN L1ZV.3-80-217, PG. 100r0,000 TARRANT' y`'OI,"tY MAP RECOODr$,� d. RETAIL E 10CC'COMLDISTRICTLOT;!2��59 A&aS\ZONING Cry,MIJNIY FOMMERC�41 irog4?0��N 7I �_ z_______________z�ETaUiR--------�50.218 ClOPiRTM55.70'Snr ' FAsC. T �5' 3]r.TS TREEo,re3 P E¢85'44'of-B'- 426.95' I ZONING "R-7.5" SINGLE FAMILY DISTRICT r INFORMATION (SQ. FT.) E --Q- P OVERHEAD UTILITY POLE W1 GUY 40,029 UNIT NO. ELECTRIC OR TELEPHONE TENANT PARKING REQUIRED LL?LIGHT POLE JILUNDERGROUND 1,576 MANPOWER MSANITARY SEWER MANHOLE 110 1,072 0 O SAN. SWR. CLEAN OUT O c.v. GAS VALVE 4 120 3. WATER VALVE TREE DANCE STUDIO 4 130 ZONING "R-7.5" SINGLE FAMILY DISTRICT r ® W aa� N 0 NOTE: NINETEEN (19) SURPLUS PARKING SPACES FROM LOT 6R AND SEVEN (7) SURPLUS PARKING SPACES FROM LOTS 2, 4, AND 5 TO BE USED FOR REQUIRED PARKING ON LOT 3R. PARKING TABLE LOTS 3R REGULAR 33 HANDICAPPED 3 TOTAL 36 LANDSCAPE AND HARDSCAPE INFORMATION (SQ. FT.) TENANT TABLE 40,029 UNIT NO. SQ. FT. TENANT PARKING REQUIRED 100 1,576 MANPOWER 6 110 1,072 ALL STATE INS. 4 120 1,460 DANCE STUDIO 4 130 1,458 CHIROPRACTIC OFFICE 10 140 1,200 REFLEXOLOGY 8 150 4,472 CLINICAL PEDIATRICS 30 ® W aa� N 0 NOTE: NINETEEN (19) SURPLUS PARKING SPACES FROM LOT 6R AND SEVEN (7) SURPLUS PARKING SPACES FROM LOTS 2, 4, AND 5 TO BE USED FOR REQUIRED PARKING ON LOT 3R. PARKING TABLE LOTS 3R REGULAR 33 HANDICAPPED 3 TOTAL 36 LANDSCAPE AND HARDSCAPE INFORMATION (SQ. FT.) TOTAL AREA OF LOT 3R 40,029 PERVIOUS AREA OF LOT 3R 8,645 IMPERVIOUS AREA OF LOTS 3R 31,384 CASE NAME. LUCKY FOOT SPA CASE NUMBER; EUt6 O1 LOCATON. 2011 WEST NORTHWEST HIGHWAY #190 LOT 3R BLOCK 1 PARK WEST P1AZA MAYOR ----------- SECR-CTWY--------- DATE __ _ __ __ _ PIANNNG AND ZONING COMMSSON --------EI,ARM�-------- DATE: -------------- SHEET OF 7 APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR OROINANCEB DEPARTMENT OF )V+ELOPMENr sERVICES NO. 1 NOTE: DELTA 480227 SPECIAL USE PERMIT NO. SU16 01 IS A REQUEST TO CH. BEARING N 073928 W AMEND THE PREVIOUSLY APPROVED SITE PLAN OF 2 CU95-09 (OTd. 1995-24) FOR A PLANNED 21'39'01" TO COMMERCIAL CENTER, SPECIFICALLY TO ALLOW FOR N 05"32'12" E MASSAGE SERVICES IN A DISTRICT "CC" ^' L l N E T A 8 L E COMMUNITY COMMERCIAL DISTRICT. NO. BEARING DISTANCE -.. C U R V E T A R L E - L1 N 77'56'11" W 9.62' 129.07' L2 N 16'21'45" E 15.09' 480.50' CASE NAME. LUCKY FOOT SPA CASE NUMBER; EUt6 O1 LOCATON. 2011 WEST NORTHWEST HIGHWAY #190 LOT 3R BLOCK 1 PARK WEST P1AZA MAYOR ----------- SECR-CTWY--------- DATE __ _ __ __ _ PIANNNG AND ZONING COMMSSON --------EI,ARM�-------- DATE: -------------- SHEET OF 7 APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR OROINANCEB DEPARTMENT OF )V+ELOPMENr sERVICES NO. 1 RADIUS 480.50 DELTA 480227 ARC 402.89 CH. BEARING N 073928 W CHORD 391.19' 2 480.50' 21'39'01" 181.58 N 05"32'12" E 180.50' 3 480.50' 15'203' 12946 N 13'0026" W 129.07' 4 480.50' 70'57'07" 91.85 N 26'12'11" W 91.71' MASTER SITE BEAN PAROOT SHOPPING CENTER PARK AND WALL_ ADDITION 2011 WEST NORTHWEST HIGHWAY #140 CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS DATE: APRIL 27, 2016. SCALE: 1" = 50' Z J CL W U) af W U) go