HomeMy WebLinkAboutItem 03 & 17 - CU19-01 The Novus AcademyTO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DIRECTOR OF DEVELOPMENT SERVICES
MEETING DATE: MARCH 19, 2019
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE REQUEST CU19-01, THE NOVUS
ACADEMY
i I
ooze
Gr
Lake
ne APPLICANT: Matthew Heaton
I
I
I.H.1635 PROPERTY LOCATION AND SIZE.
The subject property is located at 3400 William D.
Tate Avenue and is platted as Lot 1, Block 1,
Grapevine III. The addition contains 6.93 acres and
Sy DFW 3 I
Hall -Johnson Airport I
60 has approximately 742 feet of frontage along the
southbound William D. Tate Avenue service road, I T---- 0 I
L-3
Glade Rd. —
Ird `
m —I _i and approximately 675 feet along Western Oaks
Drive.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to allow for a private school in the
CC" Community Commercial District.
The applicant intends to purchase the existing office building that was originally site
planned and developed in 2000, to be utilized as a private school for students with
learning challenges. At some point in the future the applicant intends to add a gymnasium
to the structure at the southeast corner of the structure. With the existing office tenant and
maximum enrollment, parking required is 83 spaces—there are 179 spaces provided.
School drop-off and pick-up will occur from the drive entrance at Western Oaks Drive and
queue around the building to the west (clockwise) exiting the drive along the southbound
0:/ZCU/SU19-01.42 1 March 14, 2019 (8:11AM)
William D. Tate service road.
This application was tabled at the February 18, 2019 meeting to provide the applicant
additional time to address issues relative to the purchase of the property.
PRESENT ZONING AND USE:
The property is currently zoned "CC" Community Commercial District and is developed as
an office building.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject site and the property to the north were rezoned from "R-1" Single Family
Dwelling District to "CC" Community Commercial District during the 1984 Citywide
rezoning and the property to the west was rezoned from "R-1" Single Family District to "R-
MF -2" Multifamily District. At a May 5, 1998 meeting a conditional use permit was
approved (CU98-13) to allow outside storage in conjunction with a mini -warehouse storage
facility (U -Haul) on the property to the east. At the December 16, 2008 meeting City
Council approved CU08-03 (Ord. 2008-75) for outside storage and a 20 -foot pole sign in
conjunction with a garden and pet supply store on property to the east. At the September
18, 2012 meeting a special use permit (SU12-02)was approved to establish a church on
the property to the north.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CC" Community Commercial District and "R-7.5" Single Family
District—office uses, single family development, Western Oaks
Estates
SOUTH: "R-20" Single Family District—vacant property, Memorial Baptist
Church
EAST: "PID" Planned Industrial Development District—William D. Tate
Avenue, U -Haul
WEST: "R-20" Single Family District and "R -F-2" Multifamily District—
vacant property
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:
0:/ZCU/SU19-01.42 2 March 14, 2019 (8:11AM)
The Master Plan designates the subject property as a Commercial land use. The
applicant's proposal is in compliance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
Neither Western Oaks Drive or the southbound William D. Tate Avenue service road are
designated thoroughfares as shown on the City's Thoroughfare Plan.
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0:/ZCU/SU19-01.42 3 March 14, 2019 (8:11AM)
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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.
PART 1. APPLICANT INFORMATION
Name of -applicant 1 agent:/company/contact
t. howard and associates architects inc Atten:Todd Howard
cajct4wo I
CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
Street address of applicant l agent:
1546 W Griffin St
City ! State 1 Zip Code of applicant 1 agent:
Dallas, Tx 75215
Telephone number of applicant 1 agent: Fax number of armlicantlagent
214-522-1144 NIA
Email address of applicantlagent Mobile phone number of applicant/agent
214-563-6511
PART 2. PROPERTY INFORMATION
Street address of subject property
3444 William D Tate Ave Grapevine, Tx 76451
Legal description of subject property (metes & bounds must be described on S 1l2" x 11 Q
sheet)
Lot 1 Block 1 Addition Grapevine III
6.932 Acres 341957.92 Square footage
Present zoning classifica#ion: Proposers use of ! ie prope.-v
cc Private School
Circle yes or no, if applies to this application
Outdoor speakers es No
Minimum 1 maximum district size for conditional use request:
Min. 30,000, No Max
Zoning ordinance provision requiring a conditional use:
Sect. 25. C, 23
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner.
Cal -Tex Acquisition Fund V, LLC Atten: Donald Price
Street address of property owner:
5544 Cavendish Court
City l State 1 Zip Code of property owner:
Plano, Tx 75093
Telephone number of property owner. Fax number of property owner:
817-703-2992 817-722-1301 11 n rnin _
SAN 7/1112018j
ey
C.utROno
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 of
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.
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 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 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
We L.
0 ef f 0 *1 . 14
eq;
Print Applicant's Name: Applicant's Signature:
The State of 2-1 0—s—
County Of
R
n this da OBeforeMe - o Y personally aPY PPeared A4qAk) kaJO
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 consideration therein expressed.
Given under m hand and seal of office this da of , A.D. U , Seal) G y y0
Notary In And For State Of Texas
Property Ow isSignature"-: `
The State Of
County O TAa 0 Pint _
Before MeLExk 1
if
e orR on this day personally appearedLD, ' Pt2 ye
ry}(property owner)
known to ire (or proved to me on the oath of card or other document) to be the person whose name is subacribed to the foregoing Instrument and
acknowledged to me that he executed the same for the purposes and co ideration therein expressed.
d09(Seal) Given under my hand and seal of office this day of CLEC a , A. 1
SHERYL 4 BROWN 04WAn dt1w6s
Notary 10 it i set
y Cnmlma ion Expun
AN 72018
B I
11"';
P6, LARA WHITLEY
Notary Public, State of Texas
12-10-2022g;
a. *S.
t
w
Comm. Expires
Notary la 131821224
Print Property Owners Name:
Notary In And For State Of Texas
Property Ow isSignature"-: `
The State Of
County O TAa 0 Pint _
Before MeLExk 1
if
e orR on this day personally appearedLD, ' Pt2 ye
ry}(property owner)
known to ire (or proved to me on the oath of card or other document) to be the person whose name is subacribed to the foregoing Instrument and
acknowledged to me that he executed the same for the purposes and co ideration therein expressed.
d09(Seal) Given under my hand and seal of office this day of CLEC a , A. 1
SHERYL 4 BROWN 04WAn dt1w6s
Notary 10 it i set
y Cnmlma ion Expun
AN 72018
B I
CL(I 000 1
ACKNOWLEDGEMENT
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.
i 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--o7-17
Signature of Owner
Date:
P N Mx Fp
JAN 7 2018
By
January T. 2019
Mr. Ran Stambaugh
Assistant Director
City of Grapevine; Development Services
200 S. Main Street
Grapevine, TQC 76099
Re: Conditional Use Application
Dear Mr. Stambaugh.
The intent of this letter is to describe our proposed conditional use request for the
existing building located at 3400 William D. Tate Avenue, in Grapevine Texas.
The Novus Academy, which for the past five years has lead the way in providing
an educational environment for students with learning differences in Grapevine,
is looking to acquire the property and convert it into their new home. Since the
property is currently zoned for Community Commercial, al CUP is required for
institutions of educational use. In addition to this change the submitted drawings
also show a proposed addition to the existing building. This addition will house a
future gym for the school's athletic events.
School drop-off/pick-up will take place on the west end of the building. Cars will
enter the site from Western Oaks Boulevard and turn west. Student drop-off and
pick-up will occur near the current loading dock location. Once drop-off/pick-
up has taken place cars will continue around the building and exit on William D.
Tate Avenue.
It is our belief that the approval of this CUP will greatly benefit the current
property and surrounding area. Currently the building appears to be mostly
empty and unused. The addition of The Novus Academy into this existing
property will create a welcome and worthy resident to the surrounding
neighborhood.
Sincerely,,
t. howard + associates architects. inc.
Matthew R. Heaton.. AIIX NCARB 1546 west griffin st.
Project Manager
dallas, N 75215
214.522.1100
www.thaarch.com
STUDENT DROP-OFF/PICK-UP
ORDINANCE NO. 2019-013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ISSUING CONDITIONAL USE PERMIT
CU 19-01 TO ALLOW FOR A PRIVATE SCHOOL IN THE "CC"
COMMUNITY COMMERCIAL DISTRICT FOR LOT 1, BLOCK
1, GRAPEVINE III (3400 WILLIAM D. TATE AVENUE) 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); 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 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, 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.
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 No.2019-013 2
Ordinance of the City of Grapevine, Texas, same being also known as Appendix "D" of the
City Code, by granting Conditional Use Permit No. CU19-01 to allow for a private school in
the "CC" Community Commercial District within the following described property: Lot 1,
Block 1, Grapevine III (3400 William D. Tate 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. 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.
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.
Ordinance No.2019-013 3
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 19th day of March, 2019.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
City Attorney
Ordinance No.2019-013 4
I-All requirements of 50GUGM 25."CC-Community Commercial District shall be
mat.
2.All requirements of Section 53.Landscaping-Regulations shall be met.
3.All requirements of Section 56,Off—Street Parking Requirements Shall be met.
4,All signage shall be in accordance with Section 60,Sign Standards.
SQUARE FEET X OF SITE
WILL D.FARRAR,JR. AREA 301,957.92 100.00%
Volume 6209,Page 813 EXISTING 53.875.21 17.84%
D.R.T.C.T. BUILDING
PROPOSED 8,800.00 2.91% 4 109 DLSM44
ZONED:R-20 ADDITION g PLAPMiNG
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1506 w.griffin street
IMPERVIOUS 124.960.71 38.47% dallas.texas 75215
S 73.31'26"E PT, PAVEMENT
33.14'
214.522.1 100 T
TOTAL 173,535.92 59.22%
IMPERVIOUS
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1.CONDITIONAL USE REQUEST CU 19-01 IS A REQUEST TO ALLOW FORA r
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lidPRIVATESCHOOLINTHE'CC'COMMUNITY COMMERCIAL DISTRICT.7 EASEMENT
2.ALL DIMENSIONS ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED.
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40 I 3.TYPICAL PARKING STALLS ARE 9'x18'FOR AUTOMOBILES
4-2&3' 23.10
4.PROPOSED PARKING COUNT IS 179 PARKING SPACES LOCATED ON THE
EXIS71NG SITE.170 REGULAR SPACES AND 9 ACCESSIBLE PARKINGY
3\G SPACES. THE BUILDINGS NEW PROPOSED OCCUPANCY WILL BE MIXED
A) USE WITH I0,704 SQUARE FEET SERVING AS BUSINESS OCCUPANCY FOR 0
AN EXISTING TENANT AND THE REMAINING SPACES SERVING AS EDUCATION
Z,
FLOODPLAIN SPACES FOR A MAXIMUM OF 264 STUDENTS(120 ELEMENTARY,4821-64' x
EASEMENT MIDDLE SCHOOL&96 HIGH SCHOOL STUIDENTS)-
A
BASED ON THE CITY OF GRAPEVINE'S ZONING CODE,83 PARKING SPACES
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5,PROPOSED OCCUPANT HOURS OF OPERATION ARE 8:00 AM TO 4;00 PM
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I3: data descriptiondot
eeHROPOSD CASE NAME:The Novus Academy
GYM
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CASE NUMBER.CU19-01
ADDITIONLot 1,Block 1,Grapevine III
LOCATION:3400 William D.Tate Ave;
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T Q CE
F/F 557.00
26 MAYOR SECRETARY
V DATE:
0 PLANNING AND ZONING COMMISSION
EN 6 CHAIRMAN
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DATE:e1\1 A!
2$'ORIVfNGk%ED A
SII OF
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40,APPROVAL DOES NOT AUTHORIZE ANY
SITE il6m,17MENT
WORK IN CONFLICT WITH ANY CODES
2 L EY15Mr SIGM
OR ORDINANCES.
18, EX15T,1 er w
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40-DEPARTMENT OF DEVELOPMENT SERVICES
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SCALE:1"=40'N 89*14''00
4 PAVING 8c DIMENSIONAL CONTROL PLAN50.52'0 R.W.DEDICATION GRAPHIC SCALE ic i
BY PC T project number. 18-068
F&"'IT 40 c 20 Q LOT 1, BLOCK 1ITYPLAT
SITE/DIMENSIONAL
O
QNONl
IN FEET) GRAPEVINE T1 ADDITION
co WESTERN c S PLAZA I Inch 4C ft. A 6.932 ACRE TRACT CONTROL PLAN
OWNER: LOCATED IN THE
CAL—TEX Acquisition Fund V,LLC G.G. STAR SURVEY, ABSTRACT NO. 1466 2
17
SITE/DIMENSIONAL CONTROL PLAN 5500 Cavendish Court
1.=40' PLANO.TEXAS,75093 CITY OF GRAP EVINIF
PH.(817)703-2992
CONTACT.Donald Price TAR RANT COUNTY, TEXAS.A1 .00
CITY REQUIREMENTS
OFF-STREET PARKING and VEHICULAR USE AREAS
INTERIOR LANDSCAPING
ei-440 SFGROSSMIIIING
Ulm.10%GROSS PARKING TO BE LANDSCAPE
NEW PROPOSED 8,144 SF REQUIRED
CEDAR ELM 8,177 SF PROVIDED
PERIMETER TREE)I TREE PER 400 SC.FT.REQUIRED INTERIOR AREA 0
8144 SF=
20 TRFFS REQUIRED
19
400 1 ARCHRIBI
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INTERIOR DESIGN
CEDAR ELM
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