HomeMy WebLinkAboutItem 04 - CU12-42 Signature Assisted Living and Memory CareITEM #
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR]
MEETING DATE: NOVEMBER 20, 2002
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU12 -42, _SIGNATURE
ASSISTED LIVING AND MEMORY CARE
APPLICANT: Homeyer Engineering - Steven
Homeyer
PROPERTY LOCATION AND SIZE:
The subject property is located at 5001 Merlot
Avenue and is platted as Lot 4, Block 2, Delaney
Vineyards, Phase Il. The subject property contains
5.32 acres and has 647 feet of frontage along Merlot
Avenue.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to allow for an assisted living
facility.
The applicant intends to develop an assisted living facility on the subject site. The
facility will be a single story 57,954 square foot structure containing 79 beds. Access
will be provided by two drives on Merlot Avenue. A required buffer area of 36 feet
adjacent to the east property line is provided due to the height of the proposed structure
and the "R -7.5" Single Family District zoning east of the subject site.
PRESENT ZONING AND USE:
The property is currently zoned "PO" Professional Office District and is undeveloped.
0:2CU /CU1242.4 November 8, 2012 3:21:46 PM
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property and properly to the west and south were rezoned in the 1984 City
Rezoning from "C -2" Community Business to "R -MF -2" Multifamily, "CN" Neighborhood
Commercial and "HCO' Hotel /Corporate Office and "CC" Community Commercial. The
property to the east was rezoned in the 1984 City Rezoning from 1-1" Light Industrial to
"R -7.5" Single Family. The Shadow Glen Subdivisions were developed in the mid 1980's.
The property to the north was rezoned in the 1984 City Rezoning from "R -1" Single
Family to "PCD" Planned Commerce Development District and has remained
undeveloped.
Zone Change Z91 -12 approved the rezoning of the "CN" Neighborhood Commercial and
a portion of the "HCO" Hotel/Corporate Office area to "CC" Community Commercial and
has remained undeveloped. Zone Change Z92 -08 approved the rezoning of a portion of
the "CC" Community Commercial to "GU" Governmental Use to develop a fire station.
Zone Change Z94 -11 approved rezoning a portion of the "HCO" Hotel/Corporate Office to
"GV" Grapevine Vintage District. Conditional Use Permit CU94 -16 approved the
development of the Delaney Vineyard Wine Production Building. Zone Change Request
Z96 -09 was approved at the April 16,1996 meeting which allowed for a rezoning of
12.966 (the subject site) acres from "R -MF -2" Multifamily District to "GV" Grapevine
Vintage District for the development of low intensity retail /commercial uses. Zone change
request Z02 -03 (Ord. 2002 -03) was approved at the May 21, 2002 meeting City Council
meeting on the subject site which allowed for a rezoning of 12.966 acres from "GV"
Grapevine Vintage District to "PO" Professional Office District for the development of a
general office district. Single story professional office uses have developed to the south
and north of the subject site.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "PO" Professional Office District — Attorney office use and an
undeveloped lot
SOUTH: "PO" Professional Office District — business office development
EAST: "R -7.5" Single Family District - single family development Shadow
Glen Two B
WEST: "GV" Grapevine Vintage District, "HCO" Hotel, Corporate Office
District, and "CC" Community Commercial District, and "GU"
Governmental Use District - Delaney Vineyard Production Building,
Vineyards, Grapevine Fire Station and undeveloped property
02CU /CU12 -42.4 November 8, 2012 3:21:46 PAID
2
AIRPORT IMPACT:
The subject tract is not located within any "Zone" as defined on the "Aircraft Sound
Exposure: Dallas/Fort Worth Regional Airport Environs" map.
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 does not designate Merlot Avenue as a local thoroughfare.
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0:/ZCU /CU12 -42.4 November S, 2012 3:21:46 PM
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PART 1.
Oil
a— 14' -a
Applicant Name: —1
AJ
W4
Applicant Address: -PO
City/State/Zip LEL&;OLS-L-) I LLE —rk
Phone No.
Fax No. 917--9 C)G — 99c8-7
Email Address $ Mobile Phone [V4- -756 - 4&094
Applicants interest in subject property ro
PART 2. PROPERTY INFORMATION
Street Address of subject property FjQQ iY1E2L Av,!F
Legal Description: Lot F-471, Block Addition
Legal description of subject property (metes & bounds must be described on 8 11211 x 11" sheet
Size of subject property: acres E51�7=:� square footage
Present zoning classification
Proposed use of property I A:SS Vc:6-1C1>
Zoning ordinance provision requiring a conditional use ASS I SIVN> L%.\I( r,4C. :FACI L— r %,
PART 3. PROPERTY OWNER INFORMATION
Property Owner
..........
Prop Owner Address ZQQO C44 AvA—v>^ a r%1E VD,
City/State/Zip ^3
Phone No. Fax No.
J
Cr 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 d18W regulations (example buffer yards, distance between users)
2" In the same letter, describe whether the proposed conditional use will, or will not cause substantial harm to the V8#j-e-'uie,-W6jV*qj?!(: &--
other property in the neighborhood. Also, describe how the proposed conditional use will add to the value, use o4njo
ymeniqfoperpropedy
in the neighbothcoci.
Application of site plan approval (Section 47, sea attached Form V).
Q`� The site plan submission she# meet the requirements of Section 47, Site Plan Requirements. 4
i
IK All conditional use and conditional use applications are assumed to be complete when filed and w81 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
hewing. Public hearings will not be tabled.
IB( 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 a ty
council through the public hearing process.
ar 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 SU13JECT PROPERTY
ST�cnl vh�r ��
Print Applicant's Name Applicant's Sign tune
The State of j�7CM°tS
County of
Before me (notary)f��� on this day personally appeared (applicant)�,�/�„ r'
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 tender my hand and seal of office this � i day of pi�s,rr , A.D. ( Z
"lo` ROBERT JOSEPH MYER5
Notary Public. Stare of Texos
My Commission Exptres
W, August 27, 2016 Notary In and For State of
Print Property Owner's Name Propty Owner's Signature LJ
The State of %-X _...... ___ _ .._.._..._._...
County of
Before me (notary) on this day personally appeared (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 ,�Ra day of D�rD i , A. D.
SHERRY C. EDUNSON Notary PU1011C. f Texas My Commisspires July 20 Is
Notary In and or State of TEX13.5
ACKNOWLEDQEMENT
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 tiling fees. The application, along with the required
tiling 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.
1 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
Signature of Property Owner
..
Date
...___ .._ ..1. '`..`f..� 1
I
atl Q-14 -a
HOMEYER
ENGINEERING, INC.
CIVIL ENGINEERING- PLATTING
SITE&LAN❑ PLANNING
October 3, 2012
City of Grapevine
Planning Department
200 South Main Street
Grapevine, Texas 76051
RE: Conditional Use Permit Submittal
Signature Assisted Living and Memory Care
Lot 4, Block 2, Delaney Vineyards Addition
To Whom It May Concern.
On behalf of our client, Homeyer Engineering, Inc. is pleased to make this Conditional Use Permit
submittal for the Signature Assisted Living and Memory Care facility. The subject property is located
at 5001 Merlot Avenue and is currently platted as Lot 4, Block 2, Delaney Vineyards Addition. The
subject property is zoned Professional Office which allows for the proposed assisted living use with a
Conditional Use Permit. The proposed building will consist of 57,954 square feet and will have 74
units with 79 beds.
The proposed assisted living use is staffed 24 hours a day for the well -being of those living there, but
it will have operating hours that are similar to professional office buildings. Deliveries to the site are
usually made during the standard work day hours so there should not be any loud noises heard in the
adjacent residences during the nighttime hours as a result of these activities. In addition, the
proposed dumpster location has been situated as far away from the residential structures as possible
to minimize the pickup noises and any potential odors that may be generated from its use.
Based upon the attached architectural renderings, the proposed building exterior will be comprised of
a combination of brick and stone. The proposed building will be an attractive addition to the City of
Grapevine and the surrounding area. In addition, the proposed building and use is one that will
benefit the whole community. As the overall population continues to age, there is an increasing
demand for these types of communities. As our parents get older we can more fully appreciate the
convenience that a facility of this nature can provide by having it in close proximity to our homes.
Currently, there is a significant demand for this type of community in the City of Grapevine.
As a result, the proposed Conditional Use Permit will not cause harm to the value, use or enjoyment
of the adjacent properties. We look forward to working with you to make this project a reality. If you
have any questions, please feel free to give me a call at 972- 906 -9985.
Sincerely,
HOMEYER E lNEERING, INC.��
Aistration No. F -8440
. om yer, P.E. �D12 t
P.O. BOX 294527 LEWISVILLE,TX 75029
ORDINANCE NO.
AN ORDINANCE ISSUING 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 CU12 -42 FOR AN
ASSISTED LIVING FACILITY IN A DISTRICT ZONED "PO"
PROFESSIONAL OFFICE 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 CONDITIONAL 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 conditional 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 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 considerthe 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 characterof
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:
ORD. NO. 2
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 CU 12-42 to allow an assisted living facility (Signature
Assisted Living and Memory Care) in a district zoned "PO" Professional Office District
Regulations within the following described property: Lot 4, Block 2, Delaney Vineyards,
Phase II (5001 Merlot 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. That 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. 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.
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
ORD. NO. 3
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 20th day of November, 2012.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4