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Home My WebLink AboutORD 2019-013 ORDINANCE NO. 2019-013 (,� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ISSUING CONDITIONAL USE PERMIT CU19-01 TO ALLOW FOR A PRIVATE SCHOOL IN THE"CC" COMMUNITY COMMERCIAL DISTRICT FOR LOT 1, BLOCK 1, GRAPEVINE III (3400 WILLIAM D. TATEAVENUE)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, MORALSAND 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 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, 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 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 Ordinance No. 2019-013 2 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: That the applicant establish and maintain a plan that avoids queuing or stacking of vehicles on public roads. 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. 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 Ordinance No. 2019-013 3 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: Willia D. Tate Mayor ATTEST: �RAAF` 'J 'J � �2 ,, i � � �F ,�� 1 ', i m w � ik Tara Brooks �� y City Secretary *-*-*� APPROVED AS TO FORM: City Attorney Ordinance No.2019-013 4 {,rye ('� 1. All requirements of Section 25, "CC" Commun!ty Commercial District shall be • 7 / TO C&M9 /JJj{{/Ljj `2JStl�LL�L.LI.LiG 2. A"b"l-ecl,irementsof Section 53, Landscaping Regulation shall be met. `Ai1 requires nis of 1-1P, 56, Off -Street Parking Requirements Shall be met. Page �— of 4. All signage shall bei=_ordonce with Section 60, Sign Standards. OF 0 N SITE/DIMENSIONAL CONTROL PLAN U) a) IS *' > 4— Q 0 .0 i CU i%i a cn O Q Ira 0- (13 O I 2 Q > Q I w. -r Q a) CID U o N SCALE: 1"=40' GRAPHIC SCALE (IN FEET) 1 Inch 40 ft. SQUARE FEET % SITE AREA 301,957 92 100.00 % EXISTING 53,875.21 17.84 % BUr_DING PROPOSED 8,800.00 2.91 % ADDITION IMPERVIOUS 124,960.71 38.47 % PAVEMENT TOTAL 178,835.92 59.22 11 IMPERVIOUS OPEN AREA 123,122.00 40,71 % NOTES. 1. CONDITIONAL USE REQUEST CU19-01 IS A REQUEST TO ALLOW FOR A PRIVATE SCHOOL IN THE "CC" COMMUNITY COMMERCIAL DISTRICT. 2. ALL DIMENSIONS ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED. 3. TYPICAL PARKING STALLS ARE 9`x18' FOR AUTOMOBILES 4. PROPOSED PARKING COUNT IS 179 PARKING SPACES LOCATED ON THE: EXISTING SITE. 170 REGULAR SPACES AND 9 ACCESSBLE PARKING SPACES. THE BUILDINGS NEW PROPOSED OCCUPANCY WILL BE MIXED USE WITH 10,704 SQUARE FEET SERVING AS BUSINESS OCCUPANCY FOR AN EXISTING TENANT AND THE REMAINING SPACES SERVING AS EDUCATION SPACES FOR A MAXIMUM OF 254 STUDENTS (120 ELEMENTARY, 48 MIDDLE SCHOOL & 96 HIGH SCHOOL STUDENTS). BAS EO ON THE CITY OF GRAPEVINE'S ZONING CODE, 83 PARKING SPACES ARE REQUIRED. 5. PROPOSED OCCUPANT HOURS OF OPERATION ARE 8:00 AM TO 4:00 PM LEGEND r 5"-3500psi CONCRETE W/ t� 6" LIME TREATED SUBGRADE FOR PARKING AREAS(6% LIME COMPACTED TO 95% DENSITY) 12 PARKING SPACES * FIRELANES-6"-3500psi CONC. i--- WITH 6" LIME TREATED SUBGRADE FOR TRUCK AREAS(6% '-IMP- COMPACTED -IMECOMPACTED TO 95% DENSITY) BAND OF SPECIAL. PAVERS PAINTED STRIPING SIDEWALK * NOTE: 24' FIRE'LANES THICKENED INSIDE 25' DRIVING LANES CASE NAME: The Novus Academy CASE NUMBER: CU19-01 LOCATION: 3400 William D. Tate Ave; Lot 1, Block 1, Grapevine III MAYOR SECRETARY DATE: _._-....---__-__..__--__- PLANNING AND ZONING COMMISSION CHAIRMAN DATE: - --___..._-__ SHEET- _ OF__ APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES PAVING & DIMENSIONAL- CONTROL PLAN LOT 1, BLOCK 1 GRAPEVINE III ADDITION A 6.932 ACRE TRACT OWNER: LOCATED IN THE CAL—TEX Acquisition Fund V, LLC G.G. STAR SURVEY, A3STRACT N0, 1466 PLAN , TEXAS, Court CITY OL GRAPEVINE PIANO, TEXAS, 75093 PH. 703-2992 TARRANT COUNTY, TEXAS CONTACTACT:: Donald Price INTERIOR DESIGN PLANNING 1506 w. griffin stT et a ailas. texas 75215 2.4.522.1100 T ww.thaarch.com W 5".TF z W W � a Q W r U Qo 0 X OaW J Z Z > W >EL W O < NOTES. 1. CONDITIONAL USE REQUEST CU19-01 IS A REQUEST TO ALLOW FOR A PRIVATE SCHOOL IN THE "CC" COMMUNITY COMMERCIAL DISTRICT. 2. ALL DIMENSIONS ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED. 3. TYPICAL PARKING STALLS ARE 9`x18' FOR AUTOMOBILES 4. PROPOSED PARKING COUNT IS 179 PARKING SPACES LOCATED ON THE: EXISTING SITE. 170 REGULAR SPACES AND 9 ACCESSBLE PARKING SPACES. THE BUILDINGS NEW PROPOSED OCCUPANCY WILL BE MIXED USE WITH 10,704 SQUARE FEET SERVING AS BUSINESS OCCUPANCY FOR AN EXISTING TENANT AND THE REMAINING SPACES SERVING AS EDUCATION SPACES FOR A MAXIMUM OF 254 STUDENTS (120 ELEMENTARY, 48 MIDDLE SCHOOL & 96 HIGH SCHOOL STUDENTS). BAS EO ON THE CITY OF GRAPEVINE'S ZONING CODE, 83 PARKING SPACES ARE REQUIRED. 5. PROPOSED OCCUPANT HOURS OF OPERATION ARE 8:00 AM TO 4:00 PM LEGEND r 5"-3500psi CONCRETE W/ t� 6" LIME TREATED SUBGRADE FOR PARKING AREAS(6% LIME COMPACTED TO 95% DENSITY) 12 PARKING SPACES * FIRELANES-6"-3500psi CONC. i--- WITH 6" LIME TREATED SUBGRADE FOR TRUCK AREAS(6% '-IMP- COMPACTED -IMECOMPACTED TO 95% DENSITY) BAND OF SPECIAL. PAVERS PAINTED STRIPING SIDEWALK * NOTE: 24' FIRE'LANES THICKENED INSIDE 25' DRIVING LANES CASE NAME: The Novus Academy CASE NUMBER: CU19-01 LOCATION: 3400 William D. Tate Ave; Lot 1, Block 1, Grapevine III MAYOR SECRETARY DATE: _._-....---__-__..__--__- PLANNING AND ZONING COMMISSION CHAIRMAN DATE: - --___..._-__ SHEET- _ OF__ APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES PAVING & DIMENSIONAL- CONTROL PLAN LOT 1, BLOCK 1 GRAPEVINE III ADDITION A 6.932 ACRE TRACT OWNER: LOCATED IN THE CAL—TEX Acquisition Fund V, LLC G.G. STAR SURVEY, A3STRACT N0, 1466 PLAN , TEXAS, Court CITY OL GRAPEVINE PIANO, TEXAS, 75093 PH. 703-2992 TARRANT COUNTY, TEXAS CONTACTACT:: Donald Price INTERIOR DESIGN PLANNING 1506 w. griffin stT et a ailas. texas 75215 2.4.522.1100 T ww.thaarch.com W 1� C z W W � a Q W r U Qo 0 X OaW J Z Z > W >EL W CASE NAME: The Novus Academy CASE NUMBER: CU19-01 LOCATION: 3400 William D. Tate Ave; Lot 1, Block 1, Grapevine III MAYOR SECRETARY DATE: _._-....---__-__..__--__- PLANNING AND ZONING COMMISSION CHAIRMAN DATE: - --___..._-__ SHEET- _ OF__ APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES PAVING & DIMENSIONAL- CONTROL PLAN LOT 1, BLOCK 1 GRAPEVINE III ADDITION A 6.932 ACRE TRACT OWNER: LOCATED IN THE CAL—TEX Acquisition Fund V, LLC G.G. STAR SURVEY, A3STRACT N0, 1466 PLAN , TEXAS, Court CITY OL GRAPEVINE PIANO, TEXAS, 75093 PH. 703-2992 TARRANT COUNTY, TEXAS CONTACTACT:: Donald Price INTERIOR DESIGN PLANNING 1506 w. griffin stT et a ailas. texas 75215 2.4.522.1100 T ww.thaarch.com date description project number: 18-068 SITE/ DIMENSIONAL CONTROL PLAN All W 1� C z W W � a Q W r U Qo 0 X OaW J Z Z > W >EL W O < description: CUP APPLICATION I— date: 2/6/2019 dram E, -, u eckM by. CM1eciar revision schedule date description project number: 18-068 SITE/ DIMENSIONAL CONTROL PLAN All aLANSCAPE PLAN30 ENTS and VEHICULAR USE AREAS PING EQUIRED ROVIDED A. FT. REDDIRED INIEPoOR AREA 20 TREES REQUIRED G ADIACEM TO PUBIIC ST 1 ro PROPEAtt LL'f5 + If REWIRED N. 12 IX—d (IX. TREFS W fL00DPV1NJ IS REWIRED 15 pIISTNG t2 REWR. 11 EMISTNG, 1 NEW PflGPo5E0 a REDUIRED MIN. fi (IX. TREES IN: FLGOpPWN) J SPACE 1,957 IF 22 IF OPEN SPACE) IF OPEN SPACE JIREO nNG + B TREES PROVIDED + IN FLCCDP(AN TING PLANTLIST TERIAL ONTY )AK 20 -RCUS VIRGINIANA OAK 10 :RCUS MACROPHYLLA t E M. 28 US CRASSIFOLIA SE PISTACHE 11 TACHIA CHINENSIS BIRCH 8 ULANIGRA MYRTLE 'NATCHEZ' 9 ERSTROEMIA INDICA 'NATCHEZ' : MYRTLE 19 ERSTROEMN INDICA 'WATERMELON RED' EPDINT HOLLY 260 CORNUTA 'NEEDLEPOINT' LEAF YUCCA 17 .CA GLORIOSA HAWTHORN 'p -LADY' 60 HIOLEPIS INUICA 'PINK LADY' 'THUS 24 >NTHUS SINENSIS 'MORNING LIGHT' IURFORD HOLLY 143 CORNUTA 'BURFORD' NANA IR DWF NANOINA 24 DINA DOMESTICA 'HARBOR DWARF' IRA JUNIPER 136 IPERUS HORIZONTALIS 'PLUMOSA' RUG JUNIPER 147 IPERUS HORIZONTALIS 'WILTONI' JASMINE 963 'HELOSPERUM ASIATICUM LS 440 EDGING 113 LIN. F7. ME: The Novus Academy MBER: CU19-01 N: 3400 William D. Tate Ave; Lot 1, Block 1, Grapevine III LYOR SECRETARY ING AND ZONING COMMISSION CHAIRMAN OF VAL DOES NOT AUTHORIZE ANY IN CONFLICT WITH ANY CODES OR ORDINANCES. 4ENT OF DEVELOPMENT SERVICES ARCNREMRE INTERIOR DESIGN PLANNING 1506 w. griffin sheet d.11— texas 75215 214.522.1100 T ww.thaarch.com %lur APPLICATION issue date: 2/6/2019 ,1—n &— cneckea by c,— revision schedule /b\ dale description project number: 18-068 LANDSCAPE PLAN A2.00 EXHIBIT TO QP� 1�19-DI Page_ Of SOUTH ELEVATION SOUTH ELEVATION 3,32' = 1'4" - EAST ELEVATION _-- ^ rM1 SrnFL FEAST ELEVATION y T �.. - .Sol 711101711 wm�qll Ioil!MEN a Q ■■ ■■FINAM-01 ■■ sesseses r1l, n ��== ■■ ■■ ■■ ■■ ■■ ■■ ■■ ■■ ■■ ■■ CASE NAME: The Novus Academy CASE NUMBER: CU19-01 LOCATION: 3400 William D. Tate Ave; Lot 1, Block 1, Grapevine III MAYOR SECRETARY DATE: PLANNING AND ZONING COMMISSION CHAIRMAN DATE: SHEET: _OF_ APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES E $' iI AItCHNECTURE INTERIOR DESIGN PLANNING 15D6 — griffin sheet dollos, taxes 75215 214.522.1100 T —th—ch.com >- LU � z W w D Q Q UJ V Q CD fn ❑ X >Q LLI p -1z Z —J > W LUa CD Q = o� I— co CD Issue descnpien: CUP APPLICATION ue date: 2/6/2019 tledad by: a u revision schedule Ldate description FD e V h"fie ! s s7 taste p 9rP Of SE+ 2-6-19 project number: 18-068 ELEVATIONS A3.01 EXHIBIT_ _ TO , X19 -Q13 Page of NORTH ELEVATION 4 3/32 = 701mra 11 71-111�1511rfftlllrw�m-ww� 1� i� F 3] N3ORTH ELEVATION 0 001 ■■ �� 01 in 19,117 ■■ �j WEST ELEVATION J3.2, _ 1 0 J.'m—m, ' ��MM=I �� : r=te NIMU MIM == " ., .. .. �,� ge,� w uuu weoaw O CASE NAME: The Novus Academy CASE NUMBER: CU19-01 LOCATION: 3400 William D. Tate Ave; Lot 1, Block 1, Grapevine III MAYOR SECRETARY DATE: PLANNING AND ZONING COMMISSION CHAIRMAN DATE: SHEET: _OF_ APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES ARCHITECTURE INTERIOR DESIGN PLANNING 1506 w, griffin sheet d.11— I ..s 75215 214.522.1100 T ww.thaarch.com ISI project number. 18-068 ELEVATIONS A3.02 W W w 0 Q Q W cn o x aW O Z J W LJ.Ip Q = o =vadaarnpuon CUP APPLICATION { issue dam: 2/6/2019 drew ar: wev �. mewed by: awcx« revision schedule R'.. dam description I i I I F;PEo Aq0 ISI project number. 18-068 ELEVATIONS A3.02