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HomeMy WebLinkAboutORD 2010-069 ORDINANCE NO. 2010-69 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 SU10-10 FOR A CHURCH IN A DISTRICT ZONED "LI" LIGHT INDUSTRIAL DISTRICT CITY OF GRAPEVINE ORDINANCE NO. 82-73 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)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS 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 & 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 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, 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, 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: ORD. NO. 2010-69 2 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 SU10-10 to allow a church (Cowboy Heritage Church) in a district zoned "LI" Light Industrial District with a special use permit for a church under City of Grapevine Ordinance No. 82 -73 within the following described property: proposed to be platted as Lot 2, Block 1, W.B. Trigg Grocery Addition (701 East Dallas Road), all in accordance with a site plan approved pursuant to Section 49 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. 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 safety 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. 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 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. ORD. NO. 2010-69 3 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 this ordinance shall become effective from and after the date of its final passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the 16th day of November, 2010. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the 21st day of December, 2010. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2010-69 4 LOT 1, BLOCK 1 G &L ADDITION CAB. A, SLIDE 12431 LOT 1, BLOCK 1 PIONEER ADDITION CAB. A, SLIDE 3883 A 1/z' ua'+e.'n w aj 8Co HO On O Z S8925'06'E 80.00' (oan CALL SaYaO.M PROPOSED LOT 1, BLOCK 1 10,357 SQ. FT. OR 0.24 ACRE JMBALL ROAD LP T. NO D207021194 10.357 SO. F7. OR 0.24 ACRE mM u+ 4 c.eI. a x aegis r _ _ -- \ 0 PG — / -cdsuw a. a�'ee'; I +n• ae._ f . - ...H........_�_...� �,._ v.,., LOT 1, BLOCK 1 PIONEER ADDITION CAB. A, SLIDE 3883 MI] (BASE BEARING) sag >5 06 E 239.44. � GRASS (� a. SBP 'ep'C 15B \ DUMPSTER A `, ^;� ASPHALT ASPHALT 10 =4 4 ASPHALT h a'asPOSea) PROPOSED LOT 2, BLOCK 1 20,728 SQ. FT. OR 0.48 ACRE KIMBALL ROAD IP MST. N0. 0207280365 20,728 S0, FT. OR a,s 0.48 ACRE PROaeTe- G� r� I r � I ASPHALT -- 3 FAITH CHRISTIAN SCHOOL, INC INST. N0, D206101489 7O GRASS N n o � rn m ae.7 N 8 �g GRASS (oaL cNl .as'»'oo'w rsae,7 °'`.+. ,. •�.! _...... GRASS — — — _ _ E. DALLAS ROAD_ 20,728 SQ. FT. OR 0.48 AC. TOTAL PLATTED AREA 20,728 SO. FT. OR 0.48 AC. . BUILDING AREA 20,728 SQ. ET. OR 0.48 ACRE 2,b72 SQ. FT. OR 0.06 (A 90' RIGHT -OF -WAY) _ - - - - - - - GRAPHIC SCALE AC. TOTAL OPEN SPACE AREA OBE OTARRRANT LEGEND OR 0.06 AC. TOTAL PAVED AREA Q0 12 GAS METER AC. FIRE HYDRANT © MONITORING WELL .11 SIGN $" IRR. CONTROL VALVE EB WATER METER ® TRAFFIC SIGNAL POLE # LIGHT POLE OWNER: 31 a TELEPHONE PEDESTAL Q FUEL PORT (1J TRAFFIC SIGNAL BOX - //- WOOD FENCE ( IN FEET) I inch - ZO ft. > - 0 POWER POLE DOWN GUY Da © WATER VALVE Oil TRANSFORMER PAD © SWB MAN HOLE D- GAS MAN HOLE CHAINLINK FENCE CONCRETE KIMBALL ROAD LP 1001 W. NORTHWEST HIGHWAY G S.S. MAN HOLE (D ELECTRIC METER ID VAULT COVERED AREA GRAPEVINE, TEXAS 76051 -8232 ® CLEAN OUT fbJ STORM DRAIN MAN HOLE Q TREE ® A C PAD CONTACT: TIMOTHY L. LANCASTER 7 VICINITY MAP NOT TO SCALE CASE NAME: COWBOY HERITAGE CHURCH CASE NUMBER: SU10 -10 LOCATION: 701 E. DALLAS ROAD, GRAPEVINE, TEXAS 76051 MAYOR SECRETARY DATE: _ PLANNING AND ZONING COMMISSION CHAIRMAN DATE: SHEET: 1 OF 1 APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES DEPARTMENT OF DEVELOPMENT SERVICES RIGHT -OF -WAY DEDICATION AREA 0 (ZERO) EASEMENT DEDICATION AREA 2,402 SQ. FT. OR 0.06 AC. NET PLATTED AREA 20,728 SQ. FT. OR 0.48 AC. TOTAL PLATTED AREA 20,728 SO. FT. OR 0.48 AC. SITE DATA CHART SITE PLAN Q moo•° BUILDING HEIGHT . 1- STORY, 15' ' °' LOT 2, BLOCK 1 . BUILDING AREA 20,728 SQ. ET. OR 0.48 ACRE 2,b72 SQ. FT. OR 0.06 AC. TOTAL LOT AREA SS1p�� 20,728 SQ. FT. OR 0.48 AC. TOTAL OPEN SPACE AREA OBE OTARRRANT 2,793 SO. FT. OR 0.06 AC. TOTAL PAVED AREA PEISER SURVEYING CO. 15,263 SQ. FT. OR 0.35 AC. TOTAL SANCTUARY SEATING www.peisersurveying.com 93 TOTAL PARKING REQUIRED 31 TOTAL PARKING PROVIDED 623 E. DALLAS ROAD COMMERCIAL Texas Society or PB � GRAPEVINE, TEXAS 76051 RESIDENTIAL Professional 31 (REQUIRED PARKING FOR A CHURCH IS THREE (3) SEATS IN THE SANCTUARY) ONE (1) PARKING SPAC[ FOR EVER`! PEE ©F T' LEGAL DESCRIPTION OF LAND Whereas Kimball Road LP, is the owner of a 0.48 acre tract situated in the Esther Moore Survey, Abstract No. 1029, City of Grapevine, Tarrant County, Texas, and being all that certain tract of land conveyed in deed to Kimball Rood, LP, as recorded in Instrument No. D207260365, Deed Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 112 inch iron rod found for the southwest corner of said Kimball Road tract (0207021194), said corner being the most southerly southeast corner of Lot 1, Block 1, of the Pioneer Addition, on Addition to the City of Grapevine, according to the plat thereof recorded in Cabinet A, Slide 3883, Plot Records. Tarrant County, Texas, some being in the north right -of -woy line of E. Dallas Rood (a 90' tight- of-woy); THENCE South 89 deg. 18 min. 24 sec. East, along the north right -of -woy line of said E. Dallas Rood, a distance of 80.00 feet to a 1/2 inch iron rod found for the POINT OF BEGINNING, said corner being the southwest corner of said Kimball Rood troct (D207260365); THENCE North 00 deg. 09 min. 09 sec. West, along the west line of said Kimball Road tract (D207260365), a distance of 129.55 feel to a 1/2 inch iron rod found for the northwest corner of said Kimball Road tract (D207260365), some being in the south line of aforesaid Lot 1, Block 1; THENCE South 89 deg. 25 min. 06 sec. East (Base Bearing), along the common line of said Kimball Road tract (D207260365) and said Lot 1, a distance of 159.44 feet to a 1/2 inch iron rod found for the northeast corner of said Kimball Road tract (D207260365), said corner being the most easterly southeast corner of said Lot 1, some being in the west line of that certain tract of land conveyed in deed to Faith Christian School, Inc. as recorded in Instrument No. D206101489, said Deed Records; THENCE South OD deg. 11 min. 06 sec. East, along the common line of said Kimball Road tract (D207260365) and said Faith Christian School tract, a distance of 129.87 feet to a 5/8 inch iron rod found for the southeast corner of said Kimball Road tract (D207260365), said corner being the southwest corner of said Faith Christian School tract, some being in the north right -of -way line of aforesaid E. Dallas Road; THENCE North 89 deg. 18 min. 24 sec. West, along the common line of said Kimball Road tract (D207260365) and the north right-of-way line of said E. Dallas Rood, a distance of 160.21 feet to the POINT OF BEGINNING and containing 20,728 square feet or 0.48 acre of computed land. FLOOD CERTIFICATE As determined by the FLOOD INSURANCE RATE MAPS for Tarrant County, the subject property Does Not appear to lie within a Special Flood Hazard Area (100 Year Flood), Map dote 09/25/09 Community Panel No. 48439CO115K subject lot is located in Zone "X ". If this site is not within an identified flood hazard area, this Flood Statement does not imply that the property and /or structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man -made or natural causes. This Flood Statement shall not create liability on the part of the Surveyor. NOTES 1. IRF — Iron Rod Found 2. Basis of Bearing — Based on the north line (South 89 deg. 25 min. 06 sec. East), of that certain tract of land conveyed in deed to Kimball Road, LP, as recorded in Instrument No. D207260365, Deed Records, Tarrant County, Texas, and being ail that certain tract of land conveyed in deed to Kimball Road, LP, as recorded in Instrument No. D207021194 3. Lot 2, Block 1 = 20,728 sq. ft. 4. Intended Land use is Light Industrial. 5. Sheets 2 and 3 are Building Elevations and the Building Floorplan, respectively, by Blake Architects. Special Use Permit, SUIO -10 is a request to allow 2,670 square foot church in a non — residential zoning district. No additional landscaping is proposed. e•�1srER. °q�, SITE PLAN Q moo•° W.B. TRIGG . GROCERY ADDITION ' °' LOT 2, BLOCK 1 <, Hl1GH E. pEISER•° 20,728 SQ. ET. OR 0.48 ACRE ° 3688 BEING A ANT CONVEYED KIMBALL ` AS RECORDED INNSTRUMENT NO. D 0 26 365 AND BEING SITUATED IN SS1p�� THE ESTHER MOORE SURVEY, ABSTRACT NO, 1029 IN 9/ya S!) THE CITY OF GRAPEVINE, COUNTY, TEXAS I�V OBE OTARRRANT EXISTING ZONING: LI �B NO.: PEISER SURVEYING CO. P- aos3sP DATE: www.peisersurveying.com SHEET G9 /21/2-10 - SCALE: r = zo' 623 E. DALLAS ROAD COMMERCIAL Texas Society or PB � GRAPEVINE, TEXAS 76051 RESIDENTIAL Professional 1 817 -481 -1806 0 BOUNDARIES Surveyors ( ) OF Hugh E. Peiser DRAWN BY: D.. A. F Co 877_481 -7809 (F) TOPOGRAPHY Registered Professional Land Surveyor No. 3688 CNEGKED BY: T.R.M. MORTGAGE emner since a , 2 EX15T1B DRIVE GA 5TANOWG T, TIAL 5 EXI5TIN6 FRONT ELEVATION WM.M 1/4••1, -0• ROOFINS EXI5nN6 FATAL 510IN5 MILDINS EXISTING RIGHT ELEVATION �, V4 =1-0 5TANONS METAL 5 EXISTINC-7 REAR ELEVATION ecAM 114• =1'-0• EXISTINC- LEFT ELEVATION SCALC, V4• =1' -0• TO Page of ROOFIIkS ALDIN6 T HE I-: I5 .00% YA50NR°r �?N 714I5 EXI TIN6 P CJEC,T 0 6n o � o U gU W LW 1 L\ W I� Mpa • U 75 O (ti � w O r cc U`° X N x m o 0 � cnn LIM EXISntz VINYL 5101% �( = a 4 BUIL�IN� § ELEVATIONS LLf SCALM. 1/4'•1' -0' iL CASE NAME: COWBOY HERITAGE CHURCH CASE NUMBER: SUIO -10 LOCATION: LOT 2A 8LOCK.1 DALLAS ROAD ADDITION 701 EAST DALLAS ROAD MAYOR SECRETA:4Y DATE.' PLANNING & ZONING COMMISSION —11 Lj ` CHAIRMAN OA TE SHEET SHEET 2 OF.' _ APPROVAL DOES NOT AUTHORIZE ANY A�l WORK IN CONFLICT WITH ANY CODES OR ORDINANCES DEPARTMENT OF DEVELOPMENT SER'ViCES plor 2A s-HmTS