HomeMy WebLinkAboutItem 03 - CU13-01 Lodge at Bear Creek CC ITEM #3, 26
PZ ITEM #1
TO, HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR [
MEETING DATE: APRIL 16, 2013
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU 13- LODGE AT BEAR
CREEK SKILLED NURSING CENTER AND RIVERVINES
ASSISTED LIVING/MEMORY CARE CENTER
-----------
Grapevine C11
l' 0.0 Lake APPLICANT: Robert Johnson
PROPERTY LOCATION AND SIZE:
1,H.1635
Norathwes I
I The subject property is located at 3721 and 3729 Ira
9NE. Woods Avenue and is platted as Lots 1-3, Block
1, Riverwoods Addition. The property contains
I approximately 12.1 acres and has 353 feet of
ty DFW i i
Hafl-Johnson Airport-E frontage along Ira. E. Woods Avenue.
L-J
Glade Rd.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the Previously approved site
pIan of CU08-30 (Ord. 08-68) fora planned office center wecifically to allow the
development of a 37,000 sguare foot, 60 bed skilled nursing center(Lodge at Bear Creek)
and a 40,25Q_square foot, 48 bed assisted living facility (Rivervines).
At Council's November 18, 2008 meeting a zone change and conditional user est were
both approved on the subject property—approximately 12.1 acres was rezoned from"CN"
Neighborhood Commercial District to "PO"Professional Office District and a planned office
center was designated along with approval for an 87 bed assisted living center with
memory care (Dancing River).
With this request the applicant proposes to develop the remaining two lots on the property
0:2CUICU13-01.4 1 April 8,2013(3:14P M)
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aIon g Ira E. Woods Avenue. The proposed Lodge at Bear Creek will be a 37,000 square
foot, two story, 60 bed, state licensed skilled nursing/rehabilitation center that will provide
care and rehabilitation services for patients released from a hospital but are not ready for
total independence for a period of 45-60 days. The proposed Rivervines will be a 40,250
square foot, two story, 48 bed, state licensed assisted living facility/memory care center
similar in nature to the existing Dancing River, with larger rooms are towards couples.
PRESENT ZONING AND USE:
The property is currently zoned "PO" Professional Office District and has a planned office
center designation along with an 87 bed (Dancing River) assisted living/memory care
facility developed on the site.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property was zoned 1-1" Light Industrial District prior tote 1984 City
Rezoning. The property immediately to the east was zoned "C-2" Community Business
District prior to the 1984 City Rezoning. A conditional use permit(CU86-07)was granted
in 1986 for a convenience store with gasoline sales and off-premise alcohol beverage sales
(Seven-Eleven) at the southwest corner of Pool Road and Ira E. Woods Avenue but was
never constructed. A zone change request (Z98-23) to rezone the subject site and the
property tot a east to " " Community Commercial District was denied at the October 20,
1998 meeting. A subsequent conditional user u s (CU99-20) to develop the site as a
planned commercial center with a grocery store with off-premise alcohol beverage sales
and convenience store with gasoline sales and off-premise alcohol beverage sales was
also denied at the August 17, 1999 meeting.
At the December 19, 2000 meeting Council considered and denied of a conditional use
request and zone change request on the subject site and the property immediately
adjacent tot east. The applicant at that time was requesting a conditional use permit to
establish a planned commercial center and allow the possession, storage, retail sale and
off-premise consumption of alcoholic beverages(beer and in only)in conjunction with a
grocery store and allow gasoline sales and the possession, storage, retail sale, and off-
premise consumption of alcoholic beverages (beer and in only) in conjunction with a
convenience store. That same applicant was also requesting a zone change to rezone
2.586 acres from"HC" Highway Commercial District, 5.594 acres from"CN" Neighborhood
Commercial District, and 3.504 acres from "PO" Professional Office District to "CC"
Community Commercial District for development of a retail shopping center. At the
December 17, 2002 meeting Council approved a rezoning on the property immediately
adjacent tot east(Z02-07) rezoning 0.72 acres from "HC" Highway Commercial District
and 5.10 acres from "PO" Professional Office District to "CN" Neighborhood Commercial
District for future development.
Council considered and approved at the July 15, 2003 meeting a zone change request
(Z03-05) to rezone 3.975 acres from "CN" Neighborhood Commercial District and 3,819
0:2CUM13-01.4 2 April 8,2013(3:141310)
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acres from "PO" Professional is District to "CC" Community Commercial District for
development of a personal care facility and general office/retail development. A conditional
use permit to allow for the development of a personal care facility (C -2 ) was also
considered and approved. The remaining property that was not utilized for the
development of t e e rsonal care facility although rezoned to"CC"Community Commercial
District was deed restricted to only those uses allowed in the "PO" Professional Office
District. At Council's May 15, 2007 meeting a zone change request (Z07-03) and a
planned development overlay request (PD07-03) were considered and denied on the
subject tract. The applicant had intended to rezone the property to "R-5.0" Zero Lot Line
District forte development of 31 single family homes. Council considered and approved a
zone change(Z08-1 1)and a conditional use permit(CU08-30)at their November 18,2008
meeting on the subject property. At that meeting the applicant rezoned 12.1 acres from
"CN" Neighborhood Commercial District to "PO" Professional Office District. The
conditional use request was to establish a planned business center and to allow the
development of an 87 bed assisted living facility.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: Ira E. Woods Avenue (S.H. 26), City of SOut hlake
SOUTH: "R-7.5" Single Family District—single family home
EAST: "CC"Community Commercial District—vadoes office buildings and an
assisted-living facility
WEST: City of Call ill
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 on 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, Low Intensity land use.
The applicant's request is in compliance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates Ira E. Woods( . 26)as a Type A, Major Arterial with
a minimum I 00-foot right-cf-way developed as six lanes with a center median.
0:\ZCU1CU13-01.4 3 April 8,2013(3:14PM)
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UU.
T 19 - X A
F CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant/agent:/company/contact
R-CECC)
Street address of applicant/agent.,
2-Zoo po c)L, * 2 c -2—
City/State/Zip Code of applicant/agent.,
-&-aAPf'JtNf--
Telephone number of applicant/agent: Fax number of applicant/agent
B t--7 - -,251 - +-b,4-6 5 1-1 - 2-ED-1 - fi, +-
Email address of applicant/agent Mobile phone number of applicant/agent
ell - 31t -5-13
Applicant's interest in subject property.
PART 2. PROPERTY INFORMATION
Street address of subject property
3-7 Qt I �- 3-7a9 Trco. E W`c)pJs Pae,
Legal description of subject property(metes a bounds must be described on 8 112"x 11 sheet)
Lot I Q Block # Addition
Size of subject property
12- 10
Lcres) Sggare footage
Present zoninplessification: Proposed use of the props y:
D
Minimum I maximum district size for conditional use request.-
'Zoning ordinance provision requiring a conditional use:
PART 3. PROPERTY OWNER INFORMATION
Name of currPnt nmn-rtL,owner-
�kv I ;sA M e 4S r%e rReCL
Street address up property owner.
VQ I ok
(,0 1 lesl\1 I' k ke DI
City 1State Izip Code of property owner.•
.'CcAXeS\iMe- 7ff4. `760C) i\e
Telephone number of property owner.• Fax number of property owner,
FEB 0 6 20 2
p
❑ 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 MY 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 Re ulrements.
❑ 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 heating process.
❑ I have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and
acknowled ge that all requirements of this galication have been met at the time of submittal.
PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND P A CONDITIONAL USE
REQUEST SIGN ON THE SUBJECT PROPERTY
R=,00er-T-
Print Applicant's Name: Applicant's Signature:
The state of TY,---
County Of MNR=@=n'i�--r
Before Me 691.7 con- on this day personally appeared P--O&Eiz—, \upH r-4
(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.
(Seal)Given under my hand and seal of office this 4TH day of A.D. 2-0 ia.
BRIDGETTE J. FPASER Notary In And For State Of Texas
Nlcrary PL-lic. State of Texas
My Commission�xpirss
SepiennOer 03, 2013
Le=0 B a�?--F
Print Property Owners Name: Property Owner's Signature:
The State Of -r)(-
County Of TA P-R.Ai
Before Me 0 1 LD64 E-TFF- t:R:A [EIZ.; on this day personally appeared
(notary) (grope rFy owner)
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 T14 day of A.D.
P4'e BRIE)GETIE J. FRASER
Notary In And For State Of Texas
Notary Public,
State of Texas
My Commission Expires
Septombet OS,2013
FEB 0 6 2013
y
CC ITEM #3, 26
ACKNOWLEDGEMENT
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 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 riling fees. The application, along
with the required riling 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 ti m f submittal.
Signature of Applicant
Date: LIVI 2-
Signature of Owner
Date:
FEB 0 6
2
y L 2013
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L' } C : . a
2200 Pool Rd. Suite 202 Grapevine,TX 76051 (817)251-4645
April 9,2013
1) DANCING El ASSISTED LIVING FACILITY—opened in 2011, this 87 bed facility
is currently 5%occupied with a 6 month waiting list. Dancing River has both assisted
living and memory care suites with d the clock care and supervision.
2) Hoping to start construction in g ay cif 2013 —THE HE LG GE AT BEAR CREEK, An
upscale 60 bed rehab and skilled nursing facility,complete with 2 therapy rooms,five
dining for both residents and their guests,as well as a coffee/bistro area..
3) Start date°TI3 —An assisted living/memory care facility built specifically with the needs of
couples in mind. Larger suites for 2 people with around the clock care and supervision, fine
dining, activities, and entertainment. Currently still in the planning and drawing stages.
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ORDINANCE I
thoes
ORDINANCE AN ISSUING ITI ONAL USE PERMIT I & V
ACCORDANCE WITH SECTION ORDINANCE
-73, THE COMPREHENSIVE I ORDINANCE
OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING
KNOWN AS APPENDIX "D" T I Y
4
GRANTING CONDITIONAL IT -
AMENDING THE SITE ORDINANCE
2008-68 FOR THE DEVELOPMENT OF A 60 BED
ILL ED NURSING/REHAB CENTER NURSING/
ASSISTED LIVING T IN A DISTRICT ZONED " "
PROFESSIONAL OFFICE DISTRICT REGULATIONS ALL I
ACCORDANCE WITH A SITE T
TO SECTION 7 OF ORDINANCE NO. 82-73
OTHER I I RESTRICTIONS F
IMPOSED HEREIN- TI THE OFFICIAL ZONING
PRESERVING T PORTIONS OF THE
ZONING I PROVIDING TI
TO SEVERABILITY- T I I THAT THE PUBLIC
INTERESTS, L WELFARE
THE ISSUANCE OF THIS CONDITIONAL IT;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWOTHOUSAND DOLLARS ($2,000.00) SEPARATE
COMMITTED OFFENSE SHALL BE DEEMED
DURING DAY I CH A VIOLATI
DECLARING II
EFFECTIVE
an application was made requesting issuance of conditional use
permit by making applications for same with I nnin Zoning Commission of the i
of Grapevine, T s4 as required to statutes the zoning ordinance of the City of
Grapevine, Tee s, and all the legal requirements, con i ions and prerequisites having been
complied i 4 the case having come before i nail of the City of r e in ,
Texas, after all legal notices requirements, con iions and prerequisites having ee
complied i and
WHEREAS, the City Council of the City of r evine, Texas, a public hearing
called the City Council did consider the following factors i in g a determination as to
whether this requested conditional use r i should e granted or denied: safety of
motoring public and the pedestrians using the cili i s in the area immediately surrounding
the site- safety from fire hazards and measures for fire control; protection of adjacent
rape from flood or water damages, noise producing elements, and glare oft the
vehicular and stationary lights and of of such lights on established character o h
neighborhood; location, lighting, and types of signs and relation signs to traffic control
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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 oft is 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 oft 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 fort 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 is existed at the time their original investment was made; and
WHEREAS, the
it 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 oft 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 tot property requested for a change since this property was originally
classified and, therefore, feels that the issuance o f t his 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 oft is community.
ORD. NO. 2
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, T BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF
GRAPEVINE, T .
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
oft City of Grapevine, Texas, same being also no as Appendix"D"of the City Code,
by granting Conditional Use Permit CU1 amending the site plan approved by
Ordinance No. 2008-68 for a planned office center specifically to allow the development of
a 60 bed skilled nursing/rehab center(Lodge at Bear Creek) and a 48 bed assisted living
center (Rivervines) in a district zoned "PO" Professional Office District Regulations within
the following described property. is 1-3, Block 1, Riverwoods Addition (3721 and 3729
Ira E. Woods Avenue) all in accordance with a site plan approved purse 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 too ici I 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 a'nd districts as herein established have
been made in accordance with the comprehensive plan fort 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 rthe normal business, commercial
needs and development of the community. They have been made with reasonable
consideration, on other things, oft 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 oft e
City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions o f t hose 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 oft tract or tracts of
ORD. NO. 3
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land described herein shall be declared to be invalid, the same shall not affect the validity
of the zoning oft 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 April, 2013.
APPROVED:
ATTEST;
APPROVED AS TO FORM:
ORD. NO. 4
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