HomeMy WebLinkAboutItem 04 - CU07-05 Performance BicyclesConditional Use Permit Application CU07-05
Tom Robb
Performance Bicycles
parking areas were slightly modified as well. With this request the applicant intends to
expand the retail tenant building from 4,600 square feet to 5,999 square feet for a
particular tenant (Performance Bicycles). The east elevation view from southbound State
Highway 121 has remained virtually unchanged.
PRESENT ZONING AND USE:
The property is currently zoned "CC" Community Commercial District and is under
development.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject and surrounding properties were rezoned in the 1984 City Rezoning from 1-1"
Light Industrial District to "HCO" Hotel Corporate Office District and `PiD" Planned
Industrial Development District. The subject property was rezoned (Z96-08) in June 1996
to "CC" Community Commercial District for a retail shopping development that never
occurred. The property to the west currently occupied by the Grapevine Mills Mall and its
associated outparcel development was rezoned in 1995 to "CC" Community Commercial
District to facilitate the development of the mall. Numerous conditional use requests have
been approved at this location since the development of the mall. The property to the
immediate north has recently begun development with the opening of an Ashley's Furniture
store. At the October 19, 2004 meeting, Council approved a conditional use permit (CU04-
32) for the establishment of a 15 -acre planned commercial center as well as the signage
necessary to serve the site. Two retail structures were a part of the request as the first
structures to be built on the site. Council partially approved at the February 15, 2005
meeting a conditional use permit and special use permit (CU05-05, SU05-01) on the
subject property for a restaurant and dance club (Midnight Rodeo/Hondo's Grill). The
applicant was required to modify the southern and eastern elevations for approval by the
Site Plan Review Committee. The Committee approved the revised elevations at their
February 23, 2005 meeting. At the January 17, 2006 meeting a conditional use permit was
approved (CU05-65) on the Lone Star Crossing planned commercial center site allowing
for a 10,101 square foot Cracker Barrel restaurant at the southeast corner of the site near
the intersection of State Highway 121 and Grapevine Mills Parkway. At Council's May 16,
2006 meeting a revised conditional use permit (CU06-15) was approved allowing for a
reduction in the size of the Midnight Rodeo concept and the vacant tenant retail building
due to expansion of the right-of-way for State Highway 121.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CC" Community Commercial District—Ashley Furniture
SOUTH: "CC" Community Commercial District—State Highway 121, Fellowship
of Las Colinas
EAST: "CC" Community Commercial District—vacant
0AZCU\CU07-05
2 March 12, 2007 (12:39PM)
WEST: "CC" Community Commercial District—Grapevine Mills Mall, Rooms
To Go, Chuck -E -Cheese, Michael's
AIRPORT IMPACT:
The subject tract is located within "Zone B" Middle Zone of Effect as defined on the
"Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. In Zone B,
the following uses may be considered only if sound treatment is included in building design:
multi family apartments, motels, office buildings, movie theaters, restaurants, personal and
business services. Single family residential and sound sensitive uses such as schools and
churches should avoid this zone. The applicant's proposal is an appropriate use in this
noise zone.
MASTER PLAN APPLICATION:
The Master Plan designates the subject property as Commercial land use. The applicant's
proposal is in compliance with the Master Plan.
THOROUGHFARE PLAN APPLICATION:
The Thoroughfare Plan designates Grapevine Mills Parkway as a Type E, Collector with a
minimum 75 -foot right-of-way developed as four lanes.
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J
VINE
T F X A S
CITY OF GRAPEVINL
CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant/ agent:/company/contact
—E—, LP
LC- G C
Street address of applicant/ ageht.-
I-e5c-) DriNip-
City / Stat ZipCode of applicant / agent,
'-OA C�� Lk:T. Fr4o(.o
,
—Telephone number of applicar14 4gent:
4,56-Q4-5655
Fax number of applicant/agent
436-a14-6600 o.r 214 -a31 -
Email address of applicant/agent
Mobile phone number of applicant/agent
-�
-
Applicant's interest in subjectpiropertyi'
PART 2. PROPERTY INFORMATION
Street address of subject property
—Ce—gal description of subjeot rope (metes & bounds must be desc4ed on 8 112")? 11 sheet)
Q -e— Mac�
Size of subject property
t
,;.c).(%F4 Acres
Square footage
Present zoning classification:
Proposed use of the property:
C, C,
—Minimum / maximum district size for conditional use request
Zoning ordinance provision requiring a conditional use:
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner:
Ljc -1 LF
Street address of property ovfner.-
-Iv6c)
City / State / Zip Code of property owner:
TaXL
Telephone number of pro 04 owner.
4,35 -a)4-5555
Fax number of property owner. -
I 43S -2)q - 5500 1
t:2
0:\ZCUkF0RMS\app.cu.doc
www.d.grapevineAx.us
FEB c 5
❑ Submit a letter describing the proposed conditional use and note the request on the site plan document
❑ In fhe 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 leiter, 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 will 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 Requirements.
❑ 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 hearing process.
❑ I have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and
acknoWedge that all re uirements 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 SUBJECT PROPERTY
Print Applicant's Name:
The State of �eAs
County Of L)o-< texs
Before Me cJC�Ul ,{ on this day personally appeared I CXR 1) C*6
(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 day of t'U4"�" `J , A.D. e:Q'y-(
a-�Ul"6 m
Notary In And F jte Of Texas
i
Print Property Owners Name:
e: Owner's Signatu :
The State Of- /�,&=--
11BefCounty Of -o I
Betbre
ore Me _ on this day personally appeared -h
fary) (property 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 fi� day of . A.D. ow U
o��arriiQ�,, SANDY WATSON
br "� Notary Public, State of Texas
My Commission Expires
FobfuAfy 21, 2008
O:\ZCUIFORM Stapp. cu.doc
ww.ci.grapevine. tx.us
j
0"Y1
Notary In And Fo tate Of Texas
FEB 0 5 2007
LOWN21N
3
ACKNOWLEDGEMENT
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 riling fees. The application,
along with the required filing 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
conditional use or special use permit and acknowledge that all requirements of ti.
application have been met at the time of submittal.
Signature of Applicant
Date: 'Y6/01
Signature of Owner
Date.
0AZCUNF0RMS\a pp. cu. doc
www. d. grapevine. tx. us
;EB o 5 2007
x P
A
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 CU07-05 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.
2006-34 TO ENLARGE A RETAIL TENANT BUILDING 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 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 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, 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.
ORD. NO. 2
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. CU07-05 to amend the site plan approved by
Ordinance No. 2006-34 for a planned commercial center to enlarge a retail tenant building
(Performance Bicycles) in a district zoned "CC" Community Commercial District
Regulations within the following described property: Lot 5, Block A, Grapevine Vineyard
Addition (2750 Grapevine Mills Parkway) 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 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.
ORD. NO. 3
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
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 March, 2007.
ATTEST:
ORD. NO. 4
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HANDICAP PARIONO SIGN
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STOP SIGN
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PATRONPARtOWSPACES
TOTAL PROPOSED SULDINOARSk
LIGHTPOUE
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MEDINNENTROME4D
STORM SEwERGMES wET
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STORM SEWER WE INLET
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CRYOFORA-ftw-m
REMOTE FIRE DEP CONNECTION
LOTS
PROP.VIDIA.BOULARDS
KIDS. 4 -MIDNIGHT RODEO (I PER 10081-1
309SPAOM
RETAS.3(4ml000S'4
EXISTINGFIREHYDRANT
TOTAL PARIONG Reaullum.
PARKINO
PROP. SAWARY SEWER M.N.
PROP.&& DOLUECLEANouT
w
Z ALL ISLANDS WITH CURB & GUTTER WALL BE
LANDSCAPED ALLREMAINING ISLANDSARETOBE
STTUPEDASSHOW
3. ALLCURBEORADRARETOSETUNLESS
OTHEIRWIMNOTED,
4. ALLD&48NMONSANDPAOMARETOTHEFACEOF
CIMS UNLESS OTHERWISE NOTED
S, ALL THE REQUIREMENTS OF THE GRAPEVINE SOL.
EROSION CONTROL ORDVIANM SHALL, BE MET
DURING THE PERIOD OF WNSTRIICROPL
"'X '\ \1
i_�4
65w
AIRPORT V, LM V. 7143, P. 600
LOT5, BLOCK A - MIDNIGHT RODEO &
RETAIL 3 SITE DATA
zo?93%.
Om0*jN:YvCOMMENcKm
rRoPOSEDUS&-
211!126F *(4"Ar-*)
TOTAL SITE AREA:
BUILDING AREAS
2llAQSFA(4.WAQ0
LOTS
—MLT
TEHAHTRETAA.3
SMS.F,
(FLOORAAE) RATIO: 223%)
MIDNIGHTRODEO
3D22a&F.
kROORAREARATIO,"%)
TOTAL PROPOSED SULDINOARSk
36,105 SZ.
I!V&omwmgp
MEDINNENTROME4D
V -r
RETAILS
29-V
CRYOFORA-ftw-m
LOTS
KIDS. 4 -MIDNIGHT RODEO (I PER 10081-1
309SPAOM
RETAS.3(4ml000S'4
?• 6PAGFS
TOTAL PARIONG Reaullum.
PARKINO
333 SPACES
A==g
w SPACES
VXICHNDICAL.A
ASPACE
12 SPACES
TOTAL PANOW FSAWIDED:
333 &PACES
POLDNOSEMACKs- ttmuw* mpmm
FRONT XAST� 2T 168,07
SIDE 04ORTI* w i"Aw
SIDEMOUTHi 25- 46AT
ReAitpveal); w 10[5r
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S.ift 330
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ph— 922A90.1m
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PERFORMANCE
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LOT 5, BLOCK A
MIDNIGHT RODEO
BLDG. 4
30,926 S.F.
2861,E
.4fl2BHEM
FFE = 632.50
2081j,,pNGS0BWK
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MIDNIGHT RODEO
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30,926 S.F.
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Sheet No.
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REQUEST IS To AMEND THE
PREVIOUSLY APPROVED SITE
PLAN OF CU05-05 AND SU05-01
(ORD. 04-66) FOR A PLANNED
,OMMERCIAL CENTER.
5
4
D
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EIFS CORNICE
EIFS MEDALLION
EIFS ON SHEATHING
AND METAL STUDS
AT 16" O.C.
SII PRE—FINISHED
N ALUMINUM CANOP
LN
ETIC
EEETICE
D
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WEST ELEVATION
i 2
TEXTURED EIFS EIFS CORNICE
m
rg1 SOUTH ELEVATION
C g A
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EAST ELEVATION
3 2
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BtISSSAt6
CM BATB*WSfac
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w I Deis I MVI"
LAND CAPITAL
GROUP, INC.
11 EARfTARTDAIVQS(JtTB213
DALLAS TX 75006
PWW (972) 661-6303
FAX M 661 -&'%it
LONE STAR CROSSM,
PHASE IIA
REVISION
A 2mGAAPfiVIIJliM1II pm=AY
SCHEMATIC DESIGN
EXTERIOR ELEVATION
, KEWED
FEB p 6 2001 r%
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