HomeMy WebLinkAboutORD 2014-023ORDINANCE NO. 2014 -23
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 SU14 -02 TO ALLOW
FOR MASSAGE SERVICES 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 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; DECLARING AN EMERGENCY 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 considerthe 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 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 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, 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
ORD. NO. 2014 -23 2
Section 1. That the City does hereby issue a special 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
Special Use Permit No. SU14 -02 to amend the previously approved site plan of Ordinance
No. 98 -114 (CU98 -44) for a planned commercial center, specifically to allow for massage
services (Bigfoot Reflexology) in a district zoned "CC" Community Commercial District
Regulations within the following described property: Lot 1, Block 1, Tom Thumb Addition
(4010 William D. Tate Avenue, #100) 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 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 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. 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 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. 2014 -23 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 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 15th day of April, 2014.
ATTEST:
Jo WC. Brown
City Secretary
John F. Boyle, Jr./10"
City Attorney
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William D. Tate
Mayor
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LOT 1R, BLOCK i, HERITAGE
LOT 1, BLOCK 1, Lo
LA PETITE ACADEMY ol� XHi "'IT
TO q. ®(T
HIGH SCHOOL ADDITION
(CAB. A, SLIDE 2677)
TOTAL
: PARKING
REQUIRED
"R -MF -2" GILMAR /REILLY BROTHERS
MULTIFAMILY DISTRICT ADDITION
STANDARD
PARKING
PROVIDED
ADDITION
(VOL. 388 -214, PG. 29)
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43,654
I �0 INLETE (CAB. A, SLIDE 2924)
8
"R -MF -2" °
10
2
GOVERNMENTAL USE
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7,182
MULTIFAMILY DISTRICT
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43
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45,582
�_ INK -LE 250.30' oxy. _
6,839
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13
so 1 lso
109
5
105
4
5
38,133
GRAPHIC SCALE IN FEET
LOT 4R -1, BLOCK 1 x
/max TOM THUMB ADDITION NO. 1
(CAB. A. SLIDE 8167)
"cc"
COMMUNITY
COMMERCIAL DISTRICT
P ° -
P E
w �
q P
x x x x I Mx m auxP ^ ns - r93.2'
€-' s. ,� . e AV.,.c «O O T- 4000 WLLIAM D TATE AVE, e m Q s
e ONE STORY BRICK BLDG.
8. 4
=Ml w« ,.� cM e _ _ _ _ _ _ d -0 slw.4
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o AREA OF BUILDING = 75,579 SF j E I
4010 WILLIAM 0 TATE AVE. q-0 'a w
« 1 2 101 ®1
u OI O ¢a
ONE STORY BRICK BLDG. y °'
z �-
59.6' LULU (Tn la - _ � o
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TAR N O.
MAPSCO 41F
VICINITY MAP
(NOT TO SCALE)
SITE DATA
LOT
NUMBER
LOT
SIZE (SF)
BUILDING
COVERAGE
OPEN
SPACE
TOTAL
: PARKING
REQUIRED
HC
PARKING
REQUIRED
STANDARD
PARKING
PROVIDED
HC
PARKING
PROVIDED
1
386,869
75,579
43,654
304
8
372
10
2
34,836
2,910
7,182
30
2
43
2
3
45,582
10,152
6,839
727
3
123
5
4R -1
337,373
12,383
139,665
109
5
105
4
5
38,133
4,000
9,714
14
2
12
2
6
109,004
WA
WA
WA
WA
WA
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10 1, BLOCK
TOM THUMB ADDITION NO 1
(CAB. A, SLIDE 4962) °^ " "T
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-' (FILED 04/28/1999) °sor`
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2, B U °x cc
TOM THUMB ADDITION N0. 1 s °„ ` `" L
(CAB. A, SUDE 4962) a
D o4 /z8 y Z
w
ONE STORY BRICK
2111 HA O NSON. _
jj-
5, BL AREA OF BUILDING = i
2,910 SF EH
IAMB AD 0. 1 _ -
�A SLI m
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`cry s wET sit ,xcr c cv —ns w.u. \ i
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e w /cur xx
e 0" - >xW 4 sv_ J
NO BUILDINGS i o x crz d „x 23.3 �1O" rtw¢ o. Q
�r� —rte—°M r
i 17.2' c 52 9 Ts �. 1 D � O i i STORY BPoOt BLDG 1
LOT 6, BLOCK 1
ppy i TOM THUMB ADDITION NO. 1 AREA OF BUILDING = ONE STORY BRICK BLDG. I vD1 9AU aoHNSON.
A,000 SF
(CAB. A. SLIDE 8166) .Kx tl r x 4020 WILLIAM D TATE AVE.
(REED -` --
02/19/2003) 11 xrnw AREA OF BUILDING = 10,152 5F ,3 I
01 " LOT 1 -R, BLOCK 1,
6
0
HANSOM HANK "S ADDITION( u
S I
^ FX 1 ONE STORY BRICK 'BLDG. a CAB. A, SLIDE 356
v` 4100 WILLIAM 0 TA E AVE. aEC 6, 6, s - e ;
s LO 3, b b K t #s "CC" COMMUNITY
g= . P; COMMERCIAL DISTRICT €
TOM THUMB ADDITION NO 1 wr CAB. A, SLIDE 4962 96s'
r -ttss ga, I c
navexcxT
sw
.. c°xwE>E
GRA t caelT `y 'R "........ ,. ., I<v � � rx5cr ... ry, O H
INLET scx wcv ,2y- aP x
Nn ttc
s x v ulc elrrxcxE n ALL ssux /
Tcc O, crn¢ Vxw,ow.v1 r xsEx P va aHl
sW
CONOTEIE FLUME �
CONCRETE FLUME COxcRETS FULKE
_ra aEnr_ _ 348 B _ _ _ _ _ _
1- -E=GE-=^-11 ® STATE HIGHWAY 121 (WILLIAM D TATE AVE)
BOLLARD TRAFFIC SIGNAL POLE (VARIABLE WIDTH R.D.W.)
Euo
ELECTRIC METER
TEU£:
TELEPHONE BOX
1
POWER POLE
249
FLOOD LIGHT
Ls.#
LIGHT STANDARD
m .
FLAG POLE
it
WATER METER
SNOOTY PIG CAFE
TRAFFIC SIGN
5
WATER VALVE
IRS
R
i/2 -INCH IRON ROD
e
IRRIGATION CONTROL VALVE
7
yy� "PACHECO KOCH" CAP SET
'Ho
FIRE HYDRANT
(C.M.)
CONTROLLING MONUMENT
C%
CLEANOUT
-_ --
PROPERTY LINE
IX,p-
MANHOLE
-x-
FENCE
Tom❑ TRAFFIC SIGNAL coNraoL � ovERHEAD UTILITY LINE SPECIAL USE REQUEST SU14 -02 IS A REQUEST TO ALLOW MASSAGE
FIRE DEPARTMENT CONNECTION
SERVICES IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT.
-pnl-
426.20)_
CASE NAME: BIG FOOT REFLEXOLOGY
CASE NUMBER: SU14 -02
LOCATION: 4010 W.D. TATE AVE. #100
MAYDR 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
LOT i PARKING TABLE
UNIT NO
TENANT
REQUIRED SPACES
1
TOM THUMB
249
2
AVAILABLE
io
3
DELUXE NAILS AND SPA
it
4
SNOOTY PIG CAFE
17
5
MONAGHAN'S MARTIAL ARTS
18
6
TOUDANINES FINE DRY CLEANER
14
7
PHENIX SALON SUITES
46
8
TOTAL
ass
TENANT TABLE
UNIT NO
SO FT. 11
TENANT
1
62.139
TOM THUMB
2
1,400
AVAILABLE
3
1,050
DELUXE NAILS k SPA
4
LEBO
SNOOTY PIG CAFE
5
1,960
MONAGHAN'S MARTIAL ARTS
6
2.800
TOUDANINES FINE DRY CLEANERS
7
4,530
PHENIX SALON SUITES
8
2,910
WEND S
9
6,152
CANTINA LAREDO
10
4,000
COTTON PATCH CAFE
11
4,000
BANK OF 7HE WEST
12
12.383
UNOCCUPIED GflEENHOUSE BUILDING
PA/P!C19 TABLE
REGULAR
655 SPACES
HANDICAPPED
23 SPACES
TOTAL
STB SPACES
lE• OF PE
,ONN S AIOAICOr#1t05 ,
6854 ��y.
NO ..s V Y.Mf'
I
THIS DOCUMENT WAS PREPARED FROM RECORD
INFORMATION AND IS NOT PURPORTED TO BE A
BOUNDARY SURVEY.
H&SIMER SOVE pdLaM
BLOCK LOTS 19 29 39
■
THUMB TOM
ADDITION .
AN ADDITION TO THE CITY OF GRAPEVINE, TEXAS
AND BEING OUT OF THE
ELIZABETH COX SURVEY, ABSTRACT NO. 352
TARRANT COUNTY, TEXAS
014
EW
)88
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