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HomeMy WebLinkAboutItem 07 - CU00-34 Grandy'sTO: FROM: MEETING DATE: SUBJECT: G� ITEM 0 6.z- �# HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION ROGER NELSON, CITY MANAGERA// H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES AUGUST 15, 2000 DEVELOPMENT SERVICES TECHNICAL CONDITIONAL USE APPLICATION C000-34 i REPORT OF APPLICANT: Steve Butts of Grandy's Inc. PROPERTY LOCATION AND SIZE: The subject property is located at 301 State Highway 114 East and is platted as Lot 1, Block 1, Grandy's of Grapevine Addition. The property contains .8931 acres (38,902 square feet) and has approximately 150 feet of frontage along the State Highway 114 East service road and 150 feet of frontage along Capitol Street. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to replace an existing pole sign with a 30.08 feet in height, 161 square foot pole sign. Currently, Grandy's has a 40 -feet in height, 193 square foot pole sign along the State Highway 114 East frontage road. At the time of Grandy's original request, pole signs in excess of 20 -feet were not permitted. However, Grandy's took their request for a 47 -foot, 193 square foot pole sign before the Board of Zoning Adjustment. The BZA, at their November 2, 1987 public hearing, approved a modified signage elevation that was 40 -feet in height, with 193 square feet of sign face. The applicant is now proposing to install green neon lighting along the uppermost portion of the roofline as well as the new sign. 0:\ZCU\C000-34.4 2 August 9, 2000 (8:38AM) M PRESENT ZONING AND USE: The property is currently zoned "CC" Community Commercial District and is developed as a Grandy's restaurant. HISTORY OF TRACT AND SURROUNDING AREA: The subject and surrounding property was zoned "C-2" Community Business District prior to the 1984 City Rezoning. A site plan for Grandy's was approved in 1987. Board of Zoning Adjustment request BZA87-64 was approved on November 2, 1887 and allowed for a 40 -foot, 193 square foot, on -premise pole sign along the State Highway 114 East service road. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "PO" Professional Office District—undeveloped airport property SOUTH: "PID" Planned Industrial Development D istrict—M etrop lace industrial/warehouse development EAST: "CC" Community Commercial District—Burger King WEST: "CC" Community Commercial District—Chevron/McDonald's LAI 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 "Zone 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. I The Master Plan designates the subject property as a Commercial land use. The applicant's request is in compliance with the Master Plan. /rs 0:2CUN0000-34.4 3 August 7, 2000 (3:44PM) PPLIC T INFORMATION. :f 'Pok-nt f a is Grandy's, Inc. / Steve Butts CONDITIONAL USE APPLICATION Form "A" JUN address of app nt f 09041( E y 997 Gran 's Lane State I Zip Cod f applicant / agent Lewisvill , Texas 75077 Foam numberof0ppticantlapent: Owe number o pfkant f agent: 972 / 317 - 819 3 972 ./ 317-3104 cant's interestbfad progeny. Jpdate im e of Grandy's restaurant tT 2. TY INFORMATION 3t addross of s ct propar(Y 301,Stata Hwy 114, Grapevine, Texas 76051 it description t prertY (metas a-uws# must described on 8 t/2'x 1i'shaetl ecop Lot' 1, B1,, 1 Grandy's of Grapevine - Metes & Bounds at D subject Prol)IM Y 38,902.13 uare foo(' .8931 Acres sent zoning de cation: Proposed" of the properly' Cb Existing drive thru restaurant clew fnr mndatonat uSe rew—Sk a conditional use: Drive thri ,79T-3. PROA TY OWNER INFORMATION tame or a mnt Fn j * owner U.S. Res urant Pro ernes 0 erat' ,treat address of u DOw1Y owner. 12240 In od Road, Suite 200 ;ity f t0 f Zip 9 of rty owner Dallas, axas 75244 Far number of property adviser. Taiophor'enumbe pmpedYo+mr 972 / 490-9119 972 / 387-1487 ❑ Sub►nit a felt , satbing tea p►opased conddranal use and note the MQuest on the eke plan documsrd condkional use by Q fn (fie same r, dasoribe or show on the aka Man, and aoo WO11at wOm"ents or tdrextions knposffd upon the particuGar applicable CO; regulations (example: buffer yams. c0stance between users) ma o/ other ® to fire same describe whether the proposed condiUonai use will. a w9f no' cause substantial ham+ /o the valent othe npropertY in fhc *bperty in the ghbarhood. Also. describe h. the proposed midkional use wU► add to the value. ust or enjoy nerghbo ❑ Application plan approval (Section t7, sea ettaat+ed Form �i� P(an Aequiremerrts, and Section sS.E. ❑ The sta�tan saio41 shek meet the uiramaMs of Section 2 O At! conditlone! use d condrtionaf use applications are assumed to be oar+A>ets when feted and wilt be placed On the agenda for puouc neanng er the discnt<tioa of staff. Based on the size OfUm agenda. Your apPAcat'on may be sci+eduled to a fetor date. O ' AA Public hearing be opened and testimony HA'en 63' applicants and into citizenry. Public hearings may be continued to the next public hoaring.. Pub&c ngs wttt not be tabled. m� w� a cond�tionst use or condiibnat use Perk can oMy be apPrvved by cUY O Any changes to a e plan (no Maher how minor orm4W) app caundf through ubtic hearing Pvessfor cortditioaai use or conditloriel use permit and ocknowfedge that Q . t have rded and tstand a# the rpuhemenfs os set forth by the app kstjonaq requiigrrre s. ibmweAffan have been met atthe lima Submittal. rasn e ...,.- .� i me r eflt r_� a Ct]ND[TIONAt_ USE SIGN ON THE SUBJECT ndy's, Inc. eve Butts rating Officer The State O/ Lt county Of n Betore M9 AppNtadra SOOMMO : x i��� hrUU on this day pomwk* appeared (appricant) known (c .ne (or vi a 'a :.i -i on the oath of cold .Or other doarment) to be the person wse me honais subscribed to the foregoing katnfinent and acknocaedped'o r t; rt t:. executed the same for the purposes and consideration therein expressed. j 1 t C� AD. . hand 9,1d 33W o/otrioe thisw�._ day ol ii tVbtary fn And for State OI Texas UJI. Restaurant Properties Operating L.P. �( ncv Sedlak The State Of 'County Get _ Beforeon this day personauY appeared (Orol�m, owner) (notary) known !0 me (or ved 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 that he executed the same for the purposes and consideration therein expressed. (Seat) Oven un y hand and sea! of odke this, day of A.D. Notary !n And For State Of Texas i 3 All Cor will be of the i All public Public ! he tabled.' WTJ Any applic, have, from agenda bel four month application along with Delays in Council cre I have real conditional application ACKNOWLEDGEMENT i1 Use and Special Use Applications are assumed to be complete when filed and on the agenda for public hearing at the discretion of the staff. Based on the size your application may be scheduled to a later date. gs will be opened and testimony given by applicants and Interested citizenry. may be continued to the next public hearing. Public hearings will not be a site plan (no matter how minor or major) approved with a conditional use or rmit can only be approved by city council through the public hearing process. 7 for a change In zoning or for an amendment to the zoning ordinance shall date of submittal, a period of four months to request and be scheduled on an the Planning and Zoning Commission and City Council. If after said period of v application has not been scheduled before the Commission and Council said ill be considered withdrawn, with forfeiture of all filing fees. The application, required filing fee may be resubmitted any time thereafter for reconsideration. Wuling applications before the Planning and Zoning Commission and City i by city staff shall not be considered a part of the four month period. d understand all of the requirements as set forth by the application for or special use permit and acknowledge that all requirements of this r been met at the time of submittal. Signature a pplicant Grandy's, Inc. Steve Butts, Chief Operating Officer Date: Signature o f �wner U.S. Restaurant Properties Operating L.P. Nancy Sedlak Date: i J U N 01'-) 2000 TOTAL P.1© 0 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 CU00-34 TO ALLOW A 30.8 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 r and adjacent property; street size and adequacy of width for traffic reasonably expected e. 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 ORD. NO. 2 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 No. CU00-34 to allow a 30.8 foot in height, 161 square foot pole sign in conjunction with a restaurant (Grandy's) in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 1, Block 1, Grandy's of Grapevine Addition (301 State Highway 114 East) 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. 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. 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 ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of August, 2000. ATTEST: 0 is • TRINITY INDUSTRIES s a' SITE � i,�;�xLANOscAPE AREA I b�qy'�` _� x li N PAWW/AOR OE TO MAIN ST. PAVING AS PER EXTENT C Of CONST. j•, 1T115 CONTRACT 6 xN'�? OTY Of ORMYEif PLANS ASPNKT caNa CONCRETE ORM 30' INGRESS /EGRESS EASEMENT AND e c / ! SPEpE1CAT10Ni 51A1E INNiNbAY N0. PANNC PAVING OIL s'a,♦ LANDSCAPE EASEMENT (PRIVATE) tXJNCP z. " S89 -37-04E 150.00' �r t ! I EYEt-jfjt�o' UTYItoll ,i DENTAyis s ts' 17 za les' r 6d eP c # F _ TRACT 1 sr �� VR 2T1 sx LO A ON MAPCONCRETE „. r "V,:" tsR ASPM r Clava 10 D �� TRACT 11 ' vA»Na PAWi CONCRETE aNal !-Dn SPI13 `� ¢ NOTES:'Nr;}; r^ e v ACES L •s R i E�.Jj a i. PROPERTY AREA: 38,902.{3 5 ARE FEET (0.8931 ACRES) I ? 4 ,�Sro C4 n e IO•R n 1 .. S"aN � ' 2. BUILDING AREA: 3.982 S4UARE ' t II 3. OCCUPANCY LOAD: 126 PERSON Ip S¢� , °A shwa YARo ` 4. PARKING: 45 SPACES +'j HANDICAPPED s 47 SPACES aur Y+�.7T c}•. A ALL DIMENSIONS ARE TO BACK CURB. � C (. •, _r r�'�' ���� g � � 6. NOTIFY ARCHITECT OF ANY DISCREPANCIES. T•1+-� r iia fn 7 a 7. TOTAL COVERAGE # Alt. IMPER OUS AREAS - 27,877 SOU E FEET Ek;- X$ CONCRETE nVSN-!" , ✓r aG [ W W i 8. TOTAL USABLE OPEN 1.025 SQUARE FEET de PROPOSED y' o VACANT 9. FAR (FLOOR AREA RAnd) - 0.102 t �' $ ONE STORY MAC DONALOS BUILDING j tEXISTING) �, tl 9 801L""D •GRANOYS' s ! ?Q ���si R oil # j Y Dn svJ.io t TSL EL100'-0':643.73' ,a ,r TRACT III e+ y ( TOP OF PARAPET EL 118'-1/2' . 861.79' ,.. .,.,T r m .F yI✓a)J3i y)f R.8�t 21.5' k AMORAL / rt v DT. SPl.W C� YYII H AM nm rxRSN aAir _ v O N 11 tr N3.3' 11.3' 4 it' 7V Ai VVV CUPIL 3.13 RB •� .. .. _. .. ' n 2sY It , S R ul YR 2V sTl b P I e C7 a Y I'. Jt ASPM. CON . :;!PWT II PYN PvunwG PLANTPIC !Yt ^ II , R }y PAINTED Slium/! ATE DRIVE TYPICAL i 1F^— on sva,• r II'n 3Tt 19 SII - H+• �' ti" COIL SP13� ul . O ( '� pp�, y r: k'I 25'R ! 2 R I II .i 11t 5T. 1CID z �Li f: AR D 1�I "ijll" 0 y►A « ' BUILDING A P CASE NAME:�gd:t•aA,.N ttt.. R.E,.,st CU-Gx5 25 •` oui C UHE CASE NUMBER: CtcpO- 3`) IR ., • }I LANDSCAPED AREA LOCATION: :ar'S ✓yI 6D.3i' # \ a ID' ---�.� LANDSCAPED AREAAIrJn.Cy SO �i•r'v;n I{�F . SEWER EASEM T CRC S6 Na4-3a� Ramo sC4y= POlD -.-�MAYOR SECRETARY i50. 9 DATE:At r 1 # tr• . • •• o ••• • �� - PLANNING AND ZONING COMMISSION 20'4 mR4CR�GANDOAST ► �FT0Sa 10'R DUDNON 10 SE SC4 EROSION N CHAIRMAN TEXAS CONCRETE DEPART- WENT E RT-HAT5I7c,i` (g S. d s,. ' 23.5' CONCRETE PA DATE: AIET TI1lE w �. PAVEMENT TRAPm RUTMS �+y tt 9 r Qac SERITCE ROAD (SPUR 103 - SIt HEET: OF SITE I G PLANZ .e , TEXAS mINWXrAYXNAT DEPARTMENT . • ` SPECIFICATIONS, I R L2tia• t 4 I APPROVAL DOES NOT AUTHORIZE ANY WORK u ova°.l"`' Y + IN CONFLICT WITH ANY CODES OR i>� Z S ✓ l E,, I4 ry T /��y ORDINANCES.DIME 0 lef„y„ _\'TAT ]moi pggV" J 3" 12-16-8720' H r�.¢ • i••! i LT i!iii/ A Y �� 1 DEPARTMENT OF DEVELOPMENT SERVICES t L 9(JiE t• a 20, . L • ; I A.1 bRA191 P. JA. SAS i> EWEY & ASSOCI�, OEM BY @J r v.. sw Nm 0E9417S yn� F/�, F %'{�j L7)tIj 61-145oi` c1 try GOf61AN5 ROAD • RWIG; T M 75061 •214 fiYO-380D. c '��•�qp�� rl�T ; I r' w%ft G •r rXl�i rate- rtN» -r 1 &'o spit J �,... tanr,?�k sry botsF Ire y(dh rt�j{ yvytl rpt' ' / �J� Sft CoVA� i k.v I . diaCknAC �G,61h�1 I I CjA,,W(+S 0 • r Pro�yr;cn(- S n 8.0.. I 1 r" ,I i �I i t SEGf�ri..1 sri rle,u< 111A.0 lwea� rED • C.P.11 SPECIFICATIONS Plexi&S Im"hed ah'1c un nlsl,k sari. rc. INSETJiM)n; Ples,eias imishcd wIric. iLL1:d1LNATIUL�: fikn�x 900 MA 14unrex 111 lamps. S.'6IlINEL• Aluminum finished Gnndy'J beige. R"~ 04co w 74.cK T+skK CASE NAMEaiYw.•or...r ...--- CASE NUMTR: CtticO�3't LOCATION:� lir y ii4 i MAYOR SECRETARY DATE: PLANNING AND ZONING COMMISSION CHAIRMAN DATE: SHEET: OF _— ' APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. 1 DEPARTMENT OF DEVELOPMENT SERVICES_ COna,-•hati.! 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S 1 �V I " sl LLL 4 7 J77yy fj ' 1 • , - __ _.—... ._.._ he r. trek � in`I a _ , CASE NAME: ' '« "� "'F•''rs CASE NUMBER: La -•34 LOCATION: C n...•ty'S �. Sons Ik.I,Lr�,yt5oi6rM"'n.wl�Ni c MAYOR SECRETARY DATE: PLANNING AND ZONING COMMISSION CHAIRMAN DATE: SHEET: OF _— ' APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR I ORDINANCES. ' DEPARTMENT OF DEVELOPMENT SERVICES Ca a H 6 . lav Rj�-t c, WV% . 4w, Grc}dv'S c(f d7Zap iy01 54</S,e t4wy 114 F (�.,.}}.y�_:�+� S'•Grv�'S o� �-xa�av;ne, moi, - h iv ! P ee