HomeMy WebLinkAboutItem 08 - CU12-39 Animal Emergency Hospital of North Texas l..Ci ITEM # L-2 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: OCTOBER 16, 2012
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU12-39 ANIMAL
EMERGENCY HOSPITAL OF NORTH TEXAS
ri
t`- 7----------- --icy -
`�-, Grapevine
Lake APPLICANT: Steven Homeyer
Doya
i
I
I.H.-
"°rtnwa I PROPERTY LOCATION AND SIZE:
I
The subject property is addressed as 2700 West
State Highway 114 and is proposed to be platted as
0y A°�Y Lot 3R, Block 2R, Westgate Plaza. The property
Half-Johnson a
L,
___ contains approximately 3.153 acres and has
Li _f _ approximately 365 feet of frontage along State
Giatla Rd. m
C Highway 114.
H
3
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the previously approved site
plan of CU07-04 (Ord. 2007-17) for a planned commercial center, specifically to allow
expansion of the site and allow overnight stays associated with an existing veterinary
hospital.
The existing Animal Emergency Hospital of North Texas is proposing a two phased
expansion. The first phase includes:
• providing overnight stays for animals within the existing building
• expanding the subject site by replatting 68,177 square feet into the existing lot for a
total of 137,323 square feet
• adding 43 new parking spaces for a total of 92 on site
O:1ZCU1CU12-39.4 1 October 5,2012 8:20 AM
The second phase includes:
• adding an 11,210 square foot building to offer expanded veterinary services on the
undeveloped portion to the east, for a total building area of 25,053 square feet
• adding 30 new parking spaces for a total of 122 parking spaces
A schedule for the second phase has not yet been determined.
PRESENT ZONING AND USE:
The property is currently zoned "CC"Community Commercial District and is developed with
a veterinary facility and is partially undeveloped.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property was zoned "R-2" Two Family Residential prior to the 1984 City
Rezoning. During the City Rezoning the subject site was rezoned to "R-3.5" Two Family
District. At a January 16, 1990 meeting, Council approved a rezoning (Z89-17) of the
subject site to"CC"Community Commercial District and the property has remained vacant.
The Grapevine Plaza Shopping Center to the east was rezoned from "C-2" Community
Business District to"CN"Neighborhood Commercial District during the 1984 City Rezoning.
It was later rezoned (Z85-10) to "SP" Site Plan District to allow the development of a
shopping center with a grocery store with off-premise alcohol beverage sales. At the April
15, 2003 meeting, Council approved a conditional use permit (CU03-10) for a planned
commercial center for a future retail/office complex. At the August 15, 2006 meeting a
conditional use permit (CU06-31) was approved on the subject site to allow the
development of a medical office building. A zone change request(Z06-12)and a planned
development overlay (PD06-08) was approved by council at their October 17, 2006
meeting rezoning the property immediately to the north of the subject site which was part of
the original planned commercial center, from "CC" Community Commercial District to "R-
TH"Townhouse District with a planned development overlay to allow for reduced setbacks,
and private streets. At the April 17, 2007 meeting conditional use permit CU07-04 (Ord.
2007-17) was approved on the subject site to allow for the development of a veterinary
hospital. A zone change request Z09-02 (Ord. 2009-23) was approved at the June 16,
2009 meeting rezoning the property immediately to the south, which was part of a larger
18.22 acres of a boundary adjustment with the City of Southlake,from"R-20"Single Family
District to "CC" Community Commercial District. A planned development overlay (PD10-
03)was approved at the May 18, 2010 meeting for the property immediately to the north of
the subject site to allow 22 detached townhomes.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "R-TH" Townhouse District - Westgate Townhomes
O:1ZCU1CU12-39.4 2 October 5,2012 8:20 AM
SOUTH: State Highway 114, City of Southlake
EAST: "R-5.0" Zero-Lot-Line District and "CN" Neighborhood Commercial
District—Oakwood Meadows and Grapevine Plaza Shopping Center
WEST: "R-20" Single Family District
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, 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 Commercial land use. The
applicant's request is in compliance with the Master Plan.
/at
0:IZCUICUI2-39.4 3 October 5,2012 8:20 AM
22 21 24 71211 1 27 CT 46
DO-14 2 6 36 47
37
19 3 32R
11 10 8 B 7 6 1
12 4 C
34 95 SB 49 �� 1
g N
11 1 2 3 4 5 50 190 180
2192 178
10 32 31 194 176
D �0 29 28 51 in on
... ...,'�
9 in
10 8 B 7 8 OPW RAM _ 5
B 4 4 P B 24
7 , z 3 5 A z 41�rG b GRpp H`R'H
9� F R-3.5
OOD OF C �gI
26 p
11 29 21 20 19
5 4
8 7 6 6 2
12
4 3 5
1 2 3 4 13 14 15 16 17 18 '
3 D 96 14 13 1 11 1 B B 1 7 I8 J4 3 w2 1
R 16 15 14 19 12 11 10 B 8 7 LO
2
Al
7 1 1 2 3 4 5 6 T B 8 1a 11 1 ,Q-{� O� 21
5�w_.... x. n.. uvi' , . �a l g B 7 2
15 14 13 12 11 1p g 8 7 6 5
w
R2C � 5 4 3
009 TR 2a .
.451 . 2E3 : ." "" °y
CR 1Nti
3y 11¢ WB CC - ;s: 2R
2 SP
LL n 1 CN 2
CSTArz 5H 174 E@ 2
sM 1 1
IVoRr
h
2
1 2 Fh' R-20
t.3e@ 1.as� 77q
DDN
P
GP�E+NP��g21'[
5 �J
1.35
3200@ GP R
OINN
0
CU 12-39
1 inch _ 300 feet Animal Emergency of North Texas
-
Cu Ca-39
VINE
T E, x A S CITY OFGRAP'EVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1.APPLICANT
Applicant Name!
.Applicant Address:
City/State/Zip t,6L-Q%5L) U- I)e -7.502-9 .
Phone No. 'l �,—�OLa^9�$ Fax No. c�52,r- 90(p— 99car]
` ..................... ..
Email Address ±^Mobile Phone
Applicant's interest in subject property ,.JM1E1C—
PART 2.PROPERTY INFORMATION
Street Address of subject property
....... _
Legal Description: Lot Block 'L�, Addition ��'��,,�q';�� {7LA zA
Legal description of subject property(metes&bounds must be described on S 1/2"x 11"sheet
Size of subject property: acres-st i square footage 3"7 23
Present zoning classification Cr,— (;omrv%" A lry Gpyvwtic'1ZaGt t4.L
Proposed use of property I qe-rEZ-t^JA4 A^J .4p5—P1- A(
Zoning ordinance provision requiring a conditional use Vc--re i2 i' %)Aet AjJ 46 S'PiTN(-
PART 3. PROPERTY OWNER INFORMATION
Property Owner N6TVET" &l0LAJ-- LJL C
Prop Owner Address 0, sj4 i j(,l
City/State/zip
Phone No e&n —y l o --runs .. Fax No. r-..$I ..-. 37.� — Z 071
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 wiH,or will not cause substantial harm to the value,use,ore gent of
other property in the neighborhood. Also,describe how the proposed conditional u will add to the party
in the neighborhood D
Application of site plan approval(Secflon 47,see allached Form'B").
The site plan submission shall meet the requirements of Section 47,Site Plan Requirements.
EP 2012
By
,-Q.-:39
LAA
All conditional use and conditional use applications are assumed to be complete when fried 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 maybe scheduled to a later date.
W.All public hearings w111 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 conditional use permit can only be approved by city
count through the public hearing process.
1 have read and understand all the requirements as set forth by the application for conditionl 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 -exia's
County of `b'�,71'L7 tJ
Before me (notary) on this day personally appeared(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 consideration therein expressed.
(Seal)Given under my hand and seal of office this day of ,A.O.
Notary In and For State of
T3fZuC N lxoiro
Print Property Owner's Name Pro p w nature
The State of —TEX aO,S
County of 7AeeA IV'j
Before me(notary)I KIM' �� on this day personally appeared (applicant) f i Xo r7
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 consideration therein expressed.
(Seal)Given under my hand and seal of office this day of �`, ,A.D. a u1 a
wa` KIM SENDERS
Notary Public,State of toxaa Notary In and For State of
'^ 4= My Commission Expires �'xG 6J
April 14,2014
U
rc
SEP 4 2012
By
CU 11
All 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 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 conditional 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 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
m eLrCe—
Print Applicant's Name Applicant's�Signare
The State of —r&-XA S
County of
Before me(notary) -SAVlc'� G� on this day personally appeared (applicant)�S— cam yh�yG�
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 consideration therein expressed.
(Seal)Given under my hand and seal of office thisF 44 r day of ��7 ,A.D. ZD l2.
so}�'Yr�Bpy JAVIER CORTEZ
Notary Public,State of Texas
My Commission Expires
January 09,2013
ota and For State of ���4►s
T6(ZLA CE N 1)<Or J
Print Property Owner's Name Property Owner's Signature
The State of —TEX A.S
County of —rvvecA/V
Before me(notary) on this day personally appeared (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 consideration therein expressed.
(Seal) Given under my hand and seal of office this day of ,A.D.
Notary In and For State of
VSEP Z
By
a-39
ACKNOWLEDGEME 1N
All Conditional Use and Special Use Applications are assumed to be complete when riled 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 shag 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.
1 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 Property Owner
Date
SEP 4 2012
By
HOMEYER
ENGINEERING , INC .
CIVIL ENGINEERING-PLATTING
SITE 6 LAN❑ PLANNING
September 4, 2012
City of Grapevine
Planning Department
200 South Main Street
Grapevine, Texas 76051
RE: Conditional Use Permit Submittal
Animal Emergency Hospital of North Texas—Phase 2
Lot 4, Block 2R, Westgate Plaza
To Whom It May Concern:
On behalf of our client, IHomeyer Engineering, Inc. is pleased to make this Conditional Use Permit
submittal for the Animal (Emergency Hospital of North Texas. We are proposing to combine two (2)
lots into one (1) in order to construct additional parking for the existing Animal Emergency Hospital of
North Texas located 2700 W. State Highway 114. The existing building consists of 13,843 square
feet of office and associated veterinarian facilities. A future building consisting of 11,210 square feet
will be constructed by the property owner within the next few years based on their current operating
conditions.
The use as a veterinary hospital in and of itself does not require a conditional use permit. However,
due to the emergency medical services that this facility provides, there will be the need to treat small
animals for a day or two, thus creating an overnight stay. It is the overnight stay that creates the need
for the proposed conditional use permit.
Due to the building being located adjacent to State Highway 114, the existing and proposed buildings
are separated from existing residential structures by the existing access easement that serves the
entire Westgate Plaza development. In addition, the existing and proposed facility will not include any
external kennels. As a result, there will not be any noticeable barking to disturb the adjacent
properties.
Since the future building is not being proposed at this time, we are not submitting any architectural
renderings. However, the future building exterior will be comprised of brick and stone with some EIFS
for accent areas to complement the existing building. Both the existing and future buildings will be an
attractive addition to the City of Grapevine and the surrounding area. We look forward to working with
you to make this project a reality. If you have any questions, please feel free to give me a call at 972-
906-9985.
Sincerely,
HOMEYER ENGINEERING, INC.
TBPE i tration No. F-8440
Steven R. Hom yer, P.E. SAP 2�i® :> r!
President `
Y
P.O. SOX 294527 • LEWISVILLE,TX 75029
�„�.d�ll
ORDINANCE NO. If
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 CU12-39 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.
2007-17 FOR A VETERINARY HOSPITAL WITH
OVERNIGHT STAYS 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
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 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 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 CU12-39 to amend the site plan approved by
Ordinance No. 2007-17 for a planned commercial center, specifically to expand the site
and allow overnight stays within an existing veterinary hospital (Animal Emergency Hospital
of North Texas)in a district zoned "CC"Community Commercial District Regulations within
the following described property: Lot 3R, Block 2R, Westgate Plaza (2700 West State
Highway 114) 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 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 forthe 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 e validity of the zoning affecting any portion of the tract or tracts of
ORD. NO. 3
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 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 16th day of October, 2012.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4