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HomeMy WebLinkAboutItem 03 - CU12-24 Racetrac 4-a3 p*F, 3 . TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER " SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: JULY 17, 2012 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU12-24 RACETRAC -- ----------- `- Grapevine Lake y�� APPLICANT: Ted Murday—Adams Engineering I Ova�tl ' I 1 r� I.H.1835 Northwest V I I PROPERTY LOCATION AND SIZE: —! The subject property is located at 3955 Grapevine Mills Parkway and is proposed to be platted as Lot 1, I sy A°p Block 1, RaceTrac Grapevine Addition. The addition Hall-Johnson c,, a i__'_9 b contains approximately 31.61 acres and has _W _ approximately 2,709 feet of frontage along F Glade Rd. c Grapevine Mills Parkway (F.M. 2499). O REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to establish a planned commercial center and to allow gasoline service,off-premise consumption of alcoholic beverages(beer and wine only_) outside dining and a 40-foot pole sign in conjunction with a convenience store. The subject site, approximately 10.78 acres, is a portion of a larger 31.61 acre tract. The applicant intends to construct a new 5,928 square foot RaceTrac convenience store with gasoline sales, off-premise consumption of beer and wine sales and allow inside and outside dining. Total seating proposed is 25 seats; 13 inside and 12 outside. Total required parking for the proposed use is 44; 60 parking spaces are provided which includes 20 parking spaces at the 20 fuel pumps. One pole sign, 288-square feet in size, and 40- feet in height is proposed along the street frontage of Grapevine Mills Parkway. Two buildings on two separate lots totaling 18,400 square feet are shown for conceptual 02CUICUI2-24.4 1 July 12,2012(10:56AM) purposes only and will require a separate conditional use application and approval. PRESENT ZONING AND USE: The property is currently zoned "CC", Community Commercial District and is undeveloped. HISTORY OF TRACT AND SURROUNDING AREA: The subject and surrounding property was annexed into the City of Grapevine in 1970 (Ord. 1970-30). The subject and surrounding property was zoned 1-1" Light Industrial District prior to the 1984 City Rezoning when the property was rezoned to "PID" Planned Industrial Development District. A zone change request (Z02-10; Ord. 2003-11) was considered and approved by Council at their February 18, 2003 meeting which changed the zoning on the subject site from "PID" Planned Industrial Development District to "CC" Community Commercial District. The subject property has remained undeveloped since that time. The property to the south was rezoned to "R-MF-2" Multifamily District in 1985 as part of the "Terra Tract" rezoning which rezoned much of the surrounding area to multifamily, industrial and commercial zoning districts. Conditional use request CU99-50(Ord. 99-172) for a three-story, 480-unit apartment complex with reduced building separation was approved by Council at their December 7, 1999 meeting. Zone change request Z02-02 (Ord. 2002-31)was approved on the property to the east by Council at their April 16, 2002 meeting, which rezoned the site from "PID' Planned Industrial Development District to "R- MF-1" Multifamily District for a multifamily project. Conditional use request CU02-56(Ord. 2003-05)was approved by Council at the January 21, 2003 meeting for a three-story,600- unit apartment complex with reduced building separation requirements. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: City of Flower Mound SOUTH: "R-MF-2" Multifamily District—Meadows apartment complex EAST: "R-MF-1" Multifamily District — Camden apartment complex WEST: "GU" Governmental Use District—Grapevine Municipal Golf Course 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 the building design: multifamily apartments, motels, office buildings, movie theaters, restaurant, personal and business services. Single-family residential and sound sensitive uses such 02CUMU12-24.4 2 July 8,2012(IM2PM) as schools and churches should avoid this zone. The proposed convenience store with gasoline service is an appropriate use in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property for Commercial land uses. This request is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates Grapevine Mills Parkway as a Type A Major Arterial with a width to be determined by TX DOT, currently developed as six lanes with a turn lane. /at 02CU1CU12-24.4 3 July 0,2012(12:02PM) ENTERPRISE RD r 4 p" S m C7 / nmM ID]6M R 66 1.1mM 9.1Y]M ] LAKESIDE TRADE CEWER "287 7110 RA � W 18.1]rM M,�Tb IDd]M IDAOM e ®m®a %Fmmmmlzlmmlmlmim QY"IMEE TIT" ws we mii�mn��umii�� •iiw�W . . . H • . . _ • R-MF-1 IA _ w . . _ . _ - - - - - - - - • PID GU µ � : M : : - - - ; : : : : wo mom WF .meat 0,106 �e T n bu 1 m61R RA -2 Aft F . 7prw m,we LL 714M ]s]1M CC w z �� 101'Jok MXU ,. L;U 12-24 0 r % L-j 7R� iw.�. slnnM rwwae 1 inch =500 feet FNC^2ceTrac ­..�.............. EVINE� T A N CITY OFGRAPEVINE CONDITIONAL USE APPLICATION Form "A„ PART 1.APPLICANT INFORMATION Applicant Name: Adams Engineering Applicant Address: 910 S.Kimball Ave. City/State/Zip Southlake,TX 76092 Phone No. (817)328-3200 nmm mmµ^ Fax No. 1(817)328-3299 Email Address Mobile Phone Applicant's interest in subject property Adams Engineering is the developer's(Racetrac)civil engineer PART 2. PROPERTY INFORMATION Street Address of subject property Grapevine Mills Parkway,Grapevine,TX 3955 Legal Description: Lot I3 Block F Addition RaceTrac Grapevine Addition Legal description of subject property (metes & bounds must be described on 8 112"x 11" sheet Size of subject property: acres 2.649 square footage 115,371 Present zoning classification ICC Community Commercial Distric Proposed use of property Convenience Store/Gas Station Zoning ordinance provision requiring a conditional use Section 25C4-Alcohol Sales Section 60132dl2c-Pole Signs PART 3. PROPERTY OWNER INFORMATION Property Owner lWallcon Equities,Ltd.c/o Kennedy Legal Firm PLLC Prop Owner Address 2911 Turtle Creek Blvd.,Suite 450 City/State/Zip Dallas,TX 75219 Phone No. 214-559-9600 Fax No. 214-559-9641 ❑ 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 hd rn 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 tiled 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 maybe 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. • !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 SUBJECT PROPERTY e-C=j M j F Print Applicant's Name Applicant's Signature The State of 5 County of Before wn to me (or proved tom on the oath of card or other document)ntol be then person whose name is subscribed to (notary) y personally pp (applicant) p cribed to tie 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 ^; qu 1, ,A.D. cI ° GARY ROBERT ! NOTMY PUBW t*wpN St"OfTOM Notary In and For State of Print Property,Owner's Name Property Owner's Signature A The State of �� � ! County of Dd1�a5 Before me(notary) on this day personally appeared (applicant) �[��- W Kemed known to me(or proved to men the oath of card or other document)to be the person whose name is subscribed to the ' y 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 thlsF361F day of ✓tea ,A.D. wmmm ium�auuws i iuw �"u m�"" mupuuwwma umuu u'+i4e mnm . pub Ii i� ny Public,St iUa Cnitl 7ayxn�pu; Notary In and For State of FT" as July gf 01 ...... ....... m 0111.090M W W 0 mwN 1." Ill 10�Ww CK14OWLEDGEMENT 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 filing 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. 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 a� �� ���12, �� ,� 1443 Adams ENGINES NG June 4, 2012 Scott Williams Development Services Director Development Services Department 200 South Main Street Grapevine, Texas 76051 817-410-3154 RE: CUP for Proposed RaceTrac Convenience Store Lot 3, Block A of the Proposed RaceTrac Grapevine Addition FM 2499 north of Grapevine Mills Boulevard, South of Enterprise Drive. Mr. Williams: Adams Engineering wishes to apply for a Conditional Use Permit on behalf of RaceTrac Petroleum for the above mentioned site. RaceTrac wishes to construct a proposed convenience store with alcohol sales at this location. We also request that this CUP include the approval for a pole sign at this same address. Please refer to the attached CUP submittal and concept site plan submittal for additional information. As part of this request, a preliminary plat and final plat application package have also been submitted to the Public Works department. If you have any questions, feel free to contact me at 817-328-3200. Respectfully, ADAMS ENGIN RING Ted Murday r' 910 S.Kimball Avenue Southlake,'Texas 76092 817.328.3200•FAx 817.328.3299 TBPE Reg.No.F-7002;vnvw.adarnrs-ertgirreerirag.cornr ° a ORDINANCE NO. AN ORDINANCE ISSUING 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 CU12-24 FOR A PLANNED COMMERCIAL CENTER WITH THE POSSESSION, STORAGE, RETAIL SALE AND OFF- PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND WINE ONLY) IN CONJUNCTION WITH A CONVENIENCE STORE, GASOLINE SERVICE, OUTSIDE DINING AND A FORTY FOOT POLE SIGN 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 ORD. NO. 2 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: 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 CU12-24 for a planned commercial center with the possession, storage, retail sale and off-premise consumption of alcoholic beverages(beer and wine only) in conjunction with a convenience store (RaceTrac), gasoline service, outside dining and a forty foot pole sign, 288 square feet in size, in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 1, Block 1, RaceTrac Grapevine Addition (3955 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. 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 Cityof 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. ORD. NO. 3 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. "'1 hat 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 17th day of July, 2012. APPROVED: ATTEST: APPROVED AS TO . ORD. NO. 4