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HomeMy WebLinkAboutItem 09 - 121 Community Church TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER ERICA MAROHNIC, DIRECTOR, PLANNING SERVICES MEETING DATE: SEPTEMBER 17, 2024 SUBJECT: PLANNING SERVICES TECHNICAL REPORT OF SPECIAL USE APPLICATION SU24-02, 121 COMMUNITY CHURCH RECREATION AREA APPLICANT: Yohannes Okubay, Simon Engineering and Consulting PROPERTY LOCATION AND SIZE: The subject property is located at 2701 Ira E. Woods Avenue and is platted as Block 1, Lot 1R, Philippians Addition. The addition contains 30.021 acres and has approximately 524 feet of frontage along Ira E. Woods Avenue. REQUESTED SPECIAL USE AND COMMENTS: The applicant is requesting a special use permit to amend the previously approved site plan of SU15-02 (Ord. 2015-021) of an existing planned commercial development to allow a church in a non-residential zoning district. This request is specifically to allow the construction of an outdoor pavilion, soccer field, and pickleball court to the east of the existing 121 Community Church building. On April 21, 2015, City Council approved SU15-02 (Ord. 2015-021) to allow a church (121 Community Church) in a non-residential district. The subject site was originally on the lot developed as 1st Choice Stadium Storage, a mini-storage facility adjacent to the south and west. With this request, the applicant proposes utilizing an undeveloped portion of the subject site, located on the east side of Ponderosa Drive, for an outdoor recreation area including a SU24-02.4 2 covered unenclosed pavilion, a soccer field, a pickleball court, and a storage building. The unenclosed covered patio is 3,040 square foot, and 18 foot in height. An approximate 144 square foot storage building is proposed in the northeast corner of the recreation area. Access to the site is by way of pedestrian path from the church parking lot and five parking spaces on the west side of the recreation area along Ponderosa Drive. The hours of operation are Sunday – Thursday, 5:00 a.m. to 10:00 p.m., Friday and Saturday, 5:00 a.m. to midnight. Restrooms are available at the church during operating hours. The proposed recreation area will add five parking spaces, 272 parking spaces are required and 414 parking spaces are provided. PRESENT ZONING AND USE: The property is currently zoned “CC”, Community Commercial District and is developed with existing sanctuary/chapel and associated parking. HISTORY OF TRACT AND SURROUNDING AREA: The subject site was zoned “C-2” Community Business District prior to the 1984 City-wide Rezoning at which time the subject site was rezoned to “PCD” Planned Commerce Development. • On July 20, 1993, City Council approved Z93-02 (Ord.1993-12) to rezone the subject site from “PCD” Planned Commerce Development to “CC” Community Commercial District. • On April 21, 2015, City Council approved SU15-02 (Ord. 2015-021) to allow a church in a non-residential district. • On November 17, 2015, the Site Plan Review Committee approved SU15-04 to revise building area, decrease sanctuary seating, increase impervious area and decrease open space. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: City of Southlake SOUTH: “CC”, Community Commercial District and “R-MH” Manufactured Home District – 1st Choice Stadium Storage and Trailwood Mobile Home Estates EAST: “CC” Community Commercial District – multi-tenant retail and medical office WEST: “GU” Governmental Use District – Mustang Stadium, Grapevine ISD SU24-02.4 3 AIRPORT IMPACT: 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, school, hospitals and theatres. The applicant’s proposal is an appropriate use in this noise zone. The subject tract is also located within "Zone B” Middle Zone of Effect as defined on the “Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs” map. The following types of uses may generally be considered without any special sound treatment: agricultural uses, mining, fishing, wholesale commercial and some retail; industrial, manufacturing, transportation, communication and utilities; and cemeteries. The applicant’s proposal is an appropriate use in this noise zone. MASTER PLAN APPLICATION: Map 2: Land Use Plan of the Comprehensive Master Plan designates the subject property as a Commercial (CO) land use. The request is compliant with the Master Plan. THOROUGHFARE PLAN APPLICATION: The City of Grapevine Thoroughfare Plan designates Ira E. Woods Avenue as Major Arterial. Consult TxDot for right-of way width. /at DFW BUSINE S S PARK 9079H 8.263 @ 4.254 @ 1.135 @1.203 @ 1.816 @ 1.127 @ 3.29 @ 46.076 AC 22.108 @ B 1 11A 1 S KIMB A L L A V E MUSTANG DR AV O N I A DR TR 9 TR 4A3 TR 2 1B1R TR 3B TR 3B 8A9A 10A 11 3 9310A2 EDUCA T I O N CENTE R ADDN N O 3 11058 41.8921 AC 1 1A MUSTAN G 27110 2TANGLE W O O D ESTS 41314 1 YC YEE 48023 11A 1 718731 1R1.9747 @ TOWN PARK 42402J PT OF TR 2 PT OF TR 2 PT OF TR 2 PT OF TR 2 SHADY O A K S ESTS 38000 W R LAWLE R ADDN N O . 2 23680 1A1R 4.693 @ 1A P o n d e r o s a D r 2 2.013 @ .70 AC TR 1A1A 6.03 AC TR 4 2A H E R I T A G E A V E HWY 2 6 HWY 2 6 IRA E W O O D S A V E IRA E W O O D S A V E 6.18 AC TR 4A 4.8 AC TR 4B 1.172 @ 3R5R1R PHILIPP I A N S ADDN 32323 7.415 @ 11R 7.415 @ 1 1R PHILIPP I A N S ADDN 32323 1 8.713 @ 12R HILLSL E I G H ADDN 18457 8.713 @ 2R HILLSL E I G H ADDN 18457 TANGLEWOOD DR PO N D E R O S A T R THE LA K E S O F WILLIAM S B U R G 23267 11 12.127 @ 111 THE LA K E S O F WILLIAM S B U R G 23267 12.127 @ A 22.108 @ A HERITA G E IND PARK 17815 HERITA G E INDUS T R I A L PARK 17815 HERITA G E BUSINE S S PARK N O 2 17786 1 1 STADIUM SOUTH W E S T 40066 7.475 @ IRA E W O O D S A V E 24.110 @ CH I S H O L M T R LO G C A B I N OV E R L A N D C H A P P A R A L CHAPPARAL MUSTAN G DR ADD N 271151 CONTINE N T A L B L V D TANGL E W O O D ESTS 41314 LI R-MF-2 R-MH GU CN CC R-5.0 PO R-5.0 CC MUSTANG DR TANGLEWOOD DR P RIVATE D R I R A E W O O D S A V E SU24-02; 121 Community Church Recreation Area 2701 Ira E Woods Avenue 0 180 360 540 720 Feet ² Date Prepared: 9/3/2024 This data has been compiled by the City of Grapevine IT/GIS department. Various official and unofficial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is given or implied as to the accuracy of said data. SUBJECT PROPERTY ORDINANCE NO. 2024 -087 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ISSUING SPECIAL USE PERMIT SU24-02 TO AMEND THE PREVIOUSLY APPROVED SITE PLAN OF SU15-02 (ORD. 2015-021) FOR A PLANNED COMMERCIAL CENTER TO ALLOW A CHURCH IN A NON- RESIDENTIAL ZONING DISTRICT, SPECIFICALLY TO ALLOW THE CONSTRUCTION OF AN OUTDOOR PAVILLION, SOCCER FIELD AND PICKLEBALL COURT TO THE EXISTING 121 COMMUNITY CHURCH FOR BLOCK 1, LOT 1R, PHILLIPPIANS ADDITION (2701 IRA E. WOODS AVENUE) 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 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 Ordinance No. 2024-087 2 SU24-02 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 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. Ordinance No. 2024-087 3 SU24-02 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 No. SU24-02 to amend the previously approved site plan of SU15-02 (Ord. 2015-021) for a planned commercial center to allow a church in a non-residential zoning district, specifically to allow the construction of an outdoor pavilion, soccer field and pickleball court to the east of the existing 121 Community Church in a district zoned “CC”, Community Commercial District within the following described property: Block 1, Lot 1R, Philippians Addition (2701 Ira E. Woods Avenue) 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. 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. 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 4. 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 5. 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 6. 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. Ordinance No. 2024-087 4 SU24-02 Section 7. 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 8. 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 9. 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 September, 2024. APPROVED: _________________________________ William D. Tate Mayor ATTEST: _________________________________ Tara Brooks City Secretary APPROVED AS TO FORM: _________________________________ Matthew C.G. Boyle City Attorney