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HomeMy WebLinkAboutItem 04 - CU00-15 WhataburgerC� ITEM • -z PiZ.pe- � TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGE H.T. HARDY, DIRECTOR OF DEV LOPMENT SERVICES MEETING DATE: APRIL 18, 2000 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT ON CONDITIONAL USE APPLICATION C000-15, WHATABURGER r ---I 1 , 1 1 �'—----------- --- Grapevine dove Lake 5?� APPLICANT: Robert Schneeberg I 1 1 I I I I I.H.1635 NoRh ies\ PROPERTY LOCATION AND SIZE: ' The subject property is located at 2000 State Highway 26, Lot 1, Block 1 121 & 26 Addition. The HaIlJohnson syr DP a A ; addition contains 1.026 acres. The property has T_-- o approximately 372 feet of frontage along State W Glade Rd. — m —1 _ Highway 26. H c O 3 REQUESTED ZONE CHANGE/CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the previously approved site plan of CU99-49 (Ord. 99-138) for a planned commercial center, specifically to allow for the placement of a shared tenant monument sign on Lot 1. The four tenants located at the planned commercial center would share space on the sign. PRESENT ZONING AND USE: The property is currently zoned "CC", Community Commercial District with a planned commercial center designation and is undeveloped. 0:/ZCu/C000-15.4 1 April 13, 2000 (9:54AM) HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the property located to the north, and east were rezoned from 1- V, Light Industrial District to "LI", Light Industrial District. The property located to the south was rezoned from 1-1 ", Light Industrial District to "PID", Planned Industrial Development. The property located to the west of the subject site was zoned "SP", Site Plan prior to the 1984 rezoning, at which time it was rezoned to "HCO", Hotel/Corporate Office District with the previously approved site plans maintained. The property to the north was rezoned in 1995 to "CC", Community Commercial District (Z95-13, Ord. No. 95-82). Conditional Use Permit CU95-36 (Ord. No. 96-05) allowing for the development of a planned commercial center in excess of 1,000,000 square feet of gross leasable area and pole signs. The public entryway features were approved as addenda (ADD96-01) to CU95-36 by Resolution 96-34. An amendment to the building footprint of the site was approved in 1996 (CU96-26, Ord. No. 96-79). The property has been developed with Grapevine Mills Mall. Zoning Case Z85-11 (Ord. No. 85-64) changed the zoning of the property located to the south to "HCO", Hotel/Corporate Office District. Zone change Z89-02 (Ord. 89-21) and Conditional Use Request CU89-01 (Ord. No. 89-22) rezoned a 13.45 acre tract of the site to "PCD", Planned Commerce Development District for the purpose of constructing an auto rental/leasing facility, commercial parking lot, auto washing and detailing service and a vehicle lube/oil service facility which was not developed. CU97-60, CU97-61 and Z97-22, all approved in November 1997 established the zoning necessary for the Bass Pro/Embassy Suites project. With these approvals, the site zoning was changed to "CC" Community Commercial District and the necessary conditional use permits were in place for Bass Pro Outdoor World and the Embassy Suites Hotel. This zoning also established Bass Pro/Embassy Suites as Phase II of the Grapevine Mills Planned Commercial Center. CU98-25 and SU98-09 was approved in June 1998 revising the building footprint, increasing the size of the building, revising the sign elevations and allowing for six billiard tables in the attraction area of Bass Pro. The Bass Pro Outdoor World facility has since been developed and the Embassy Suites Hotel is currently under construction. Zoning Case Z96-04 (Ord. No. 96-13) was approved rezoning a portion of the property located east of the subject site from "PID", Planned Industrial Development District to "BP", Business Park District for the purpose of developing hotel and office uses on the site. A portion of this site was developed with a Ramada Inn. The remaining land located south of this site was rezoned to "CC", Community Commercial District in 1996 (Case Z96-15, Ord. No. 96-73). This site is currently vacant. The property located to the west of the subject site was rezoned to "SP" Specific Use Permit (Z81-38) and 1-1", Light Industrial with on -premise consumption of alcoholic beverages incidental to the operation of a dude ranch, hotel/conference center, OJzcu1C000-15.4 2 April 11, 2000 (1:57PM) restaurants, lounges and all amenities that could be included in a hotel/conference center facility, all in accordance with an approved site plan. The site was rezoned in 1983 to "S- P", Site Plan, for the use of a maximum of fifteen skill or coin-operated machines and two pool tables, and further providing for the storage, possession, retail sale and on -premise consumption of alcoholic beverages, all incidental to the operation of a dude ranch, hotel/conference center, restaurants, lounges and all amenities that could be included in a hotel/conference center facility, all in accordance with an approved site plan and further providing all other uses as permitted in the"l-l", Light Industrial Zoning District. As noted previously, the property was rezoned in the 1984 citywide rezoning to "HCO", Hotel/Corporate Office District with the previously approved site plans maintained. The site plans were amended in 1990 by Conditional Use Permit CU90-04 (Ord. No. 90-22) allowing for a 5,392.5 square foot expansion to the conference area, deleting the Phase 11 hotel room expansion, allowing changes to the drive entrance locations and the parking lot layout of the site and providing for the possession, storage, retail sales and on -premise consumption of alcoholic beverages (mixed drinks, beer and wine). Also approved at this time was Special Use Permit SU90-01 allowing two billiard tables and a maximum of fifteen skill or pleasure coin-operated machines in conjunction with the operation of a hotel/conference center. In June 1992, Conditional Use Permit CU92-08 (Ord. No. 92-30) which amended the approved site plan by adding signage in the front yard setback was approved. The site has been developed as the Hilton Hotel and Conference Center. Zoning Case Z98-14 (Ord. No. 98-87) was approved in July, 1998 changing the zoning designation of the subject property from "PID", Planned Industrial Development District to "CC", Community Commercial District. Conditional use permit 99-49 (Ord. 99-138) for a fast food restaurant with drive through service was approved for Lot 1 in September 1999. The site has not been developed. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CC" Community Commercial District and State Highway 26 — Grapevine Mills Mall. SOUTH: "CC" Community Commercial District — Bass Pro Outdoor World. EAST: "CC" Community Commercial District and "BP" Business Park District — Ramada Inn. WEST: "HCO" Hotel/Corporate Office District — Hilton Hotel. 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, Olzcu/CU00-15.4 3 April 11, 2000 (1:57PM) ■ 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 proposed planned use is an appropriate use in this noise zone. The Master Plan designates the subject property for Commercial land uses. The Thoroughfare Plan designates both State Highway 26 and State Highway 121 as highways. Ci/ 0:/zcu/C000-15.4 N April 11, 2000 (1:57PM) Z95-13 CU95-36 A � M E CU97-05 (SCP) �TyL5 CU97-06(AMC) EINE SU97-04(SOPW CU97-13 ( ) CU97-18 CU97 29 (Signs) ' CU97-39 (Landscape &*gigm) CU97-40 (ti's Toa) CU97-41 (Dick Claris) CU97-64 ) CU97-75 Ste) CU97-7 / (Sega) CU98-03 (pick Clark) m TAX INCREMENT fINANCINC Al Oa SU90-01 as . CU90-04 �......,. . CU92-08 .............. CU98-07 (Coanar) CU98-21(Anx. ss) i-9 YR 2 &V AC M K 70 AC vi PID CCCQ -� 285-11 Z97-22 CU97-60 try C�� SU98-09 W TPA 289-02 CU98-25 •� �y � CM-61(80 CC Ta 2330 AC , Mw" Z85-11 ,rjALLA,,7-JF'vRT )FORM AIRPORT P-ROPF-FiFy RjfIrI=&j6PNj T" ,f tA7 • HM Whataburger TR tat All AC 1 ' CU' a CZ PIVED CITY OF GRAPEVINE MAR 0 6 2000 CONDITIONAL USE PERMIT APPLICATION PL/.IIV1\lJJ\j ` FORM °A" 1. Applicant/Agent Name 7�:F36rptr- JC 1+ eV- c� Company Name C -t pHZ 0* - G -z �t,► Address�a¢.c-a,.A v ILLa7 PVr 'jam„ c lo.SS— City 'DIN State Zip Phone # (? 1 4) POFax # /-/37 2. Applicant's interest in subject property em LIM I Pi cE Tr -- 3. Property owner(s)�,/�n name �`21 �- Z Co �hMTN EtZ-'rj L 17 -i• `v-" e=.t Address ►•i wk -( y QST McN-r S , 2 J 1 ��=7 Mo4u l> , 6- fre cityDK L -L- 1k, State Zi �S Zo r Phone # Fax # (-Z- �'� l �qC>- a 4& 4. Address of subject property Z(o Legal Description: Lot Block Addition Ill k 2-G Size of subject property l Z ,� (r> acres H$4 square foot Metes & Bounds must be described on 8 Y2 "x 11" sheet 5. Present Zoning Classification `lee 6. Present Use of Property -y Q La � -�- - ? rzM ,-r; ef> 7. Minimum/Maximum District size for conditional use request JfyO s (1aI N) 8. Zoning ordinance provision requiring a conditional use tAGN✓nAc,rT— 2� 16P j4 2 -u\formslappcu-sp Lci.grapevine.tx.us 5/99 RFCENE' MAR 0 6 2000 oLAiN V 9. Submit a letter describing the proposed conditional use and note the request on the site plan document. 10. In the same letter, describe or show on the site plan, and special requirements or conditions imposed upon the particular conditional use by applicable district regulations (example: buffer yards, distance between users). 11. In the same letter, 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. 12. Application of site plan approval (Section 47, see attached Form "B") 13. The site plan submission shall meet the requirements of Section 47, Site Plan Requirements, and Section 45.E. Effect of Conditional Use 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. I 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. 14. Signature to authorize a conditional use request and placing a conditional use request sign on the subject property. Applicant (print): �075 em -r- N e 6TSM %- Applicant signature: Owner (print): Owner signature: r� LJ . o:zculformslappcu-sp www.d.grapevinetbc.us 5/99 3 •. • ' . it 4t G l r � ;��' Z �� ks .: ' .9. ��ubmi#�'•letter.•'d • "- •; `, ' • �:�' .:.: � ;.••: .•';.;'rrr:. ,; . ° ,, '....................., •. dacu nen esoCilrir�g,Jtt� ,-conditiai W use ani► nota'.tti 'req test aj� srte, Tari Ont ,;,�::. fho ;P 14:. h tie ,same letter, `describea�tiv p #i,iarfic nti a site sp m 6 Girft . or d „%an and ec+ai r ithposed.-.b otti 4 ' uiar' rd' ` I e . ' onditions • �rards; dtance between iss?:' by'ail�cable:dis�rir.rEjrfiano,'s (ex Duffer erS�r r: l Sarne •I�rt t i i.. .L ... '. � .I • i . �1�' tlesp W� #'?!?�Posec"nditional use 'Il ur' cause 1 ha to tho;value; use or. en ! , , w411 rpt bst2infSal R T - — : tlier•Prq ;ttY in the't:eighbo" ood.:'Alscy;. describe `tiaw f fide O'Posed condi oral; the 'value; use, OF' erg o' • neigfibotMood. ', 7 g ent• of other. p dp�.riY irt'the 12, •APplicotion of sitelari ' e � �. P aPir a�±(�uii 47, ettaohed'rorm.iB'� •T60.8fte plan• subm' s+on;shal. t'f, •uirerrt&O S i ; ''Seofen 45.x• r' .'' _ ection�' Slari rr+rzents and i • • ' :. •. : • , .. ���, •'ondi 't��"1a! Use s, • �` • '•` • '''' Aft +fidornbitis@� ;cif '.:; ,,.• t nd Swecia(llse ;4h�� �iioLj .tsuiiied be f Anda. forptibJ(c hearfhg �t di . '+Pte Nih@hjed� �►�// p)�d co the r 's pin of �i staff. eased. th Q `vdvlec� to a.f r duet . ; j`' a sno.of th . ayralra a (►r, appy be ,cation may Oublkheetwo WE be cor�bhtiecf teofwa °oiwr'byaPpliuit and I[tesddb/Jc to dre ext. pubi6c fiedrirr ! Pu .a�, - •stings' a 9c it !)�S WlU likif be bbl asn only be (no- :!nai�rhaAt jhor''i r� ap ve'd with a cordi�ianit use offa arm• apP�d by dty #iu�ib`!>frpdt�lic hemi penial P. , d , it I rood M}daJddWuiftC(,Qv Clf`th4• 12 ,�4 l the 8 f. " r y t peen$ attds►owledgm'tt;tl rrlgttU eY pPlicai tior'�iitiiuia/ us`or speci.ase { o eifs'8ppl/Cab1 %rove beeil ww at Malmo 4.x&bjw tOx 14.:ha1r@0 elutlto • r 'r..: ` l ` 1.+; ,. ._ ;,. .. r rte: aa�r� u§e.;tuet all`Piaang a ?cotarltas jrequ , subjacfi ry Ostsfgn on..'t6* ApRlic ant !Owner,(pt>Zit). I " ' y 1 ,• Al oda, A. •. ,.� • ..�::<• ; ;?�' •• 3. www.p.g�,g�jdaciiz , ' '� : � ti ,',' � � ;r:; ; , { � � , • ' , ' t : i � •• :, •. 01 MAR 06 '00 15=42 214 891 1437 oerc p,� The State of �Y4 5 County of 1:,>A,t�� 5 Before me �� ��� �'� `~"L<< on this day personally appeared os- �+ • �.., u- known to me (or proved to me on the oath of or through (description of identity 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. Given under my hand and seal of office this (� day of Nk a 11— , A.D. 2,P40 10 SEAL ��►r DAVID R CALDWELL (,b,� NOTARY PUBLIC Notary Signature state of TOM corm. Exp. 07-20-M The State of �-Cxa S County of tp J.5 Before me on this day personally appeared y�•� known to me (or proved to me on the oath of or through (description of identity 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. L__ Given under my hand and seal of office this 61L day of � " 4,, r `'�— , A.D. 'ZPio SEAL Notary Signature rd o:zcuVorms\appcu-sp www.ci.grapevineAx.us 5/99 leiter..'desetitrirxg, tt �C,�'f conditional use anc� „ ' , : doc ument. •t� �egtites�f a» thy; site �{�la n' th the ,same leuei,.describa0; 9hbvw;nti e'site• fain and -8` `►ecW r o icfiposed,#�pori #�e'p rticular� d' ` Use b t merit's: f donditions yards; d�tance '` y,a�5licable:distric r b -t iat?p; 's (e mple: Wer �betweerl assets ; b`� Fiarrn to teditiona) use'ylliil, r`w411 rabt rate `�bsfarttsal ifYe:va(l ile � ..a �' O1 ,,. in tlie'r�eig tss�; ; or. en od >. i the .. sed cond der pro a;ttY libo fio gibe `tiaw i Po i oriel `us, ;attiil! 6d ut6 ;ihe 'value, use, o eM"o of ' I • rieighl7cftt�ood, : J g ent•:: othetr. #prop rty in the 12. Appllrotion ofsite plan 47,jZeo-�i#achedforlm.'�' 'the site flan subm s on;Shall:i e,*'U1mrt*i* of SeCt1bh 47, y ''' Seativn 45:E. $i1aii`: eq�ct' ;i rrments,;:and -al Usg All dandit/o fuse a a(. Use Ap ilmedl'to, be , for'' � ��''' •di,co�p,��te wfieJ'+ �lebr �}#l•!• �►�/t �e placed ox, the oda pvbJlr tiQaringt crvt�o»;tifB `Qdvledtoa./$trdatf'. asea:o� ihesizo.oftha.agalyda, yolirapithcan maybe b� conbhried tQ tbs.nexf-oamm6 fi inh �; ' Y�PP� n1ts aid ! ' PdGhc h tings nay g< d4%gs will rtbi be ythi a �gea to ih Site' ",� apP>� d .% haet' !jhorioi r /orJ 'ap vpd with a co»d icir�tl � ok a sp@bial'4se f rm:cm only t be by d!y r#iubd`I ihrbfiie.diJlic Iv/+Qcess. P lYaavefreedand r�na►errrarrdati':0fi,e y ;, mit andas o ,�s`set forth'. Y. the applffi >3 i tbrcon .tldttal:i A;Oirspeci • use jp1 cahbl"have beettWwivt•tltoiiih@ dkz tibkriftif .14. •�' //�y� rte• , �,.:.. •• '`' '• 1 .,::: �>.': • �'';. ' ' . ; . "'.. • , <, • .;, .• •��v44 � )CWI.1 • 1 ` './,I'r • N. '' .`ti :. r .. di1 u•:rque t a+~ii'piacing a?cor�dor{i:tse'iqusi sign o�s.'the , subj�ct.prop�r�y,.• . •. ; ... •:°�;:,. ;,.�;: '2°: '`•? c, •; �pn'y'��''� APPlica�nt styns4jte; .'Owner j. ' . , .. • ` y .' •, . • , . . 4wner'alghature. A. IX `• .. ' •t; r:r ''lift"• r .� .:• .'i;�;. �.� .Z,' • i,. , l' ..'� •' '• .. :, •N �•;. !�.` ... '.i ��' ..I• �> fir. MAR e6 '00 15:42 214 e91 1437 ocr;c tam • � �, tai%i • ,4 :'ii,l ��.. , 13 ... Lra, .r County of . • :.'�7�,11 on this ..dad PPO ' ' the or tov r Ply., known .to, . \ ( p e to . 'rn :: -on' the.; oath of " i grid or attier r +; : : '• . t de.Wriptlon of .:and' ad�ttaw(ed' ed o � ' to whose,rianme is subsd6bad7to?ft�e ' trufiiaen 9 toe a same.: the for�gomg. ilr' t Vitesse purposes 'A d' M, %IdOMUM d. therein 't►en Hilder' ' ` ';rlr+ �° . , . hr:liand end• sial i�f ro�This :' day;aJ 1� earz. . Ai s oo ',p r r' ., i ��T , •� it °' Mary Signature Tho SW6 41 re • ir: LLL 1' a on ,this dOY' 'petsonall}/,, . peaired win td,•'r#ne (or ;*cvtd !6.... me..!. ;oath of meter :;.gh'.: f` f ' I�l_ desriptiot� of Mmtdy oand: a: '. ..., *,'and' o� !S t�e:2ii�nhosa. s'trne is sub�tbed #hjeft5t`egatig �Ytrument ackri wiedged td* m•ftiat he ete�d tt,;sa�ttia'.s`or the pt�tpc�ss :'-1d' irons; �acp deria0'roa• therein • {t . is : u Viand af**0 of o�fii 't� ism' •. day i°�,L L 'SEAL.. '7 :;:•!���';::.';;:'t" . r .'' t A'ION ,f .. ,•:L. :.oZ�'; ,, 7. .' •'r 1b •1, is • `'. ' �, is 1''�i. 1. I 'j. •, ':i 1, , , {Ij: .•\�•. '! :). J77 ' MAR 06 '00 15!43 '14 071 143? PAGE.03 ✓�u o -n i� 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 CU00-15 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 99-138 FOR A PLANNED COMMERCIAL CENTER TO ALLOW FOR THE PLACEMENT OF A SHARED TENANT MONUMENT 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 F] vehicular and stationary lights and effect of such lights on established character of the (W 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 (W in close proximity to the property requested for a change since this property was originally ORD. NO. 2 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. 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. CU00-15 to amend the site plan approved by Ordinance No. 99-138 for a planned commercial center to allow for the placement of a shared tenant monument sign on Lot 1 in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 1, Block 1, 121 & 26 Addition (2000 State Highway 26) 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 ORD. NO. 3 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. 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 18th day of April, 2000. APPROVED: ATTEST: ORD. NO. 4 APPROVED AS TO FORM: ORD. NO. a C/'1 Em CD r LU CC (n t ca 7 Q LU LijZ H z Lt1 �, r•�ir, IV z CD CD O cu m m o r: m c_ ro c_ LL K ET I 'O .,' F- gsg = "I 3 t d g O) Q i UD cu (OJ cu NOM ALL REQUIREMENTS OF ZONING ORDINANCE SECTION 60, SIGNAGE STANDARDS, SHAD HE MET BY TBSS DEVELOPMENT, 6 ! • 1.7 W Nr VIEW END VIEW 1/4'- I• -w SCALL' 1/4'- 1--V SHARED MONUMENT SIGN FOR LOT 1 SITE VICINITY MAP I i i ' pROPWATER r R e 4545.66' i T - 342-69' 1 O , L - 684.09' 441 CH ERG: ai6A �/ �:i��♦ j\ N 51-55-027i E �7Q ,` i i i t ••�`' �6 I R .44 VOA f : i ( T 0' J ,y LOT 1 / ,'Or 4- 44,674 S.F. ; —_ ® MITTED -PYLON SCN _ \ 3M38 _ 15• Unu ,I~ e EASEMENT SITE DATA LOT NUMBER LOT SIZE 804LDMNC COMFAGE DENSITY SULDNC MDCMT IMPERVIOUS AREA OPEN °,PAC£ PAWING LOT 1 44,674 SF. 3,251 S.F. 7.3% 23'-C 30,124 S.F. (67.4X) 14,550 S.F. (32810 35 SPACES (2 N.C.) LOT 2 98,975 S.F. 54,704 S.F. 55.3% 49`-6' 76.066 $7 (76.91L)22,909 SF. (23.11) 143 SPACES (5 M.C.) LOT 3 106.216 SR 13,738 S.F. 12.9% 2i-0' 73,578 SF. (59.3%) 32,638 S.F. (30,7%) 178 SPACES (6 H.C.) I LOT 4 5$454 SF, 7,3D4 S.F. 12.5% 24'-0' 47.418 SF. (72.630 16,038 S.F. (27.4%) 100 SPACES (4 Hz)TOTAL 300,319 S.F. 79,086 S.F. 25.7% N.A. 222.186 S.F. (72.1%) 86,133 SF {27.8%) 458 SPACES (17 N.C.) REOUIFED fX,OOO S.F. (w) 1' "-991 SF. (MA ) I 60x (MAX.) 50'-O' (MAX,) 230,7.50 S.F. (76.610f 71,561 S.F. (212x MRN.) 7 PRM ,4T Nit' ' ;•! ' `-"?s ; �'--- i� ���_—� /� i� %Err/;;,.^ rte% 11„ �,0`• I♦ \A� , .I ar- \ LOT 1 98,975 S:F. � 2722 ACRES i "I J \ � UI ��llJl \ 1 I h xcc'SS } I LOT 3: 106,216 S.F. 2.4384 ACRES RESTAURANTI ;\ is- UnUTY ` ME31r _1L �2 1 ss' 1 ( 1 5 i i" LOT ? 1 58,454 AF. ! 1.3419 A ES 1 ♦+ \\I 2sACCESS i�► V EASEMENT \ 15' U11UTw t BASS PRO LOT 3, BLOCK 1 ` ZONED : NCC" \;\� -N- 40 0 40 6O ONLY) LEGAL DESCRIPTION L -T 1, SUM 1, 121 • 20 ADOnM OUT OF T1f OBOE 'S", ABSTRACT N0. 1414 N THE CRY OF ORAPEINE TARRANT COUNTY. 19ox 2000 STATE HIGHWAY 26 IF F�i NOTES, 1. ALL REQUIREMENNTS OF THE CITY OF GRAPEMNf5 ZONING CNRDNNANCES SHALL BE MET RN PARTICULAR 'V FOLLONDNG SECTIQNS WILL BE COMPLIED WITH SECTION 25. 'CC' COMMUNITY COMMERCIAL DISTRICT SECTION K SCREENING SECTION 53, LANDSCAPING REGULATIONS SECTION 54, MASONRY REQUIR£MEHTS SECTION 56, OFF-STREET PARKING REQUIREMENTS SECTION S8, PARKING, LOADING, AND OUTSIDE STORAGE AREA DEVELOPMENT STANDARDS, SECTION 60, SIGN STANDARDS 2 ALL MECHANICAL, HEATING, VENTILATING, AIR CONDITIONING AND ELECTRICAL EQUIPMENT, SHALL BE DESIGNED, INSTALLED AND OPERATED TO MINIMIZE NOISE IMPACT ON SURROUNDING PROPERI ES. ALL SUCH EQUIPMENT SHALL BE SCREENED FROM PUBLIC MEW. 3. SITE SHALL BE GRADED IN ACCORDANCE PATH THE CITY OF GRAPEVINE'S SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION AND OTHER APPLICABLE CITY REGULATION& 4. ALL DUMPSIERS SHALL BE SCREENED ON THREE SIDES BY A SOUR FENCE OR WALL ONE FOOT ABOVE THE DUMPSTER, NOT TO EXCEED EIGHT FEET IN HEG t 5, THE REQUIREMENTS OF THE GRAPEVINE SOL EROSION CONTROL ORDINANCE SHALL BE MET DURING THE PERIOD OF CCNSTRUCRO. 6, ALL PARKING FOR DISABLED PERSONS SHALL BE DESIGNATED ACCORDING TO CHAPTER 23, SECTION 23,6 THROUGH 23.69 OF THE GRAPEVINE CODE OF ORDINANCES . THIS OESGNATION IS THE BLUE HANDICAPPED SIGN REQUIREMENT. 7. CUOO-15 IS A REQUEST FOR APPROVAL. OF AN AMENDMENT OF CONDITIONAL USE PERMIT NO. 99-49 (Ord. No. 99--138) FOR A PLANNED COMMERCIAL. CENTER, SPECIFICALLY TO ALLOW FOR THE PLACEMENT OF A SHARED TENNANT MONUMENT SIGN ON LOT 1, LOCATED AT 2000 STATE HIGHWAY 26. A ALL ON-SITE ELECTRICAL CONDUCTORS ASSOCIATED WITH FEW CONSTRUCTION SHALL BE LOCATED UNDERGROUND. % THE MINIMUM RADIUS FOR ALL DRIVEWAY ENTRANCES IS 20 FEET. 10. A 'TYPICAL PARKING SPACE DIMENSION IS 9' X 18'. It- ALL VEHICULAR SITE PAVEMENT SHALL. BE A MINIMUM STANDARD EQUIVALENT TO A 4 -,INCH CONCRETE SLAB VAIN 6' x 6' - 6 GAGE WRE MESH OR 2 -INCH HOT MIX ASPHALTIC CONCRETE OVER 6 -INCH CRUSHED ROCK BASE SITE DATA FOR NNATABURGER LOT AREA 44,674 S.F. OR 1.0256 ACRES CURRENT ZCNING 'CC' - COMMUNITY COMMERCIAL CURRENT USE VACANT LAND USE DESIGNATION: INDUSTRIAL/COAMERaAL BUILDING SQUARE FOOTAGE: 3,251 SF PARKING REQUIRED: 100 SEATS O 1 SPACE/3 SEATS 34 SPACES PARKING PROVIDED: 35 SPACES INCLUDING 2 HC. OPEN SPACE a 1!036 (34.3x„ 20% REQUIRED) BULMG HEIGHT 23'-4* RPR 0 4 2000 CASE NAME: WHATABURGER CASE NO: CUOG-15 LOCATION: 2000 STATE HIGHWAY 26 LOT 1, BLOC( 1. 121 & 26 ADDITION zkym— ? DATE PLANNING AND ZONING allMISSON DATE- SHEET, ATESHEET: 1 of 1 -MASTER SITE PLAN APPROVAL DOES NOT AUIHOiIZE ANY WORK IN CONFLICT PATH ANY CODES OR ORDINANCES, DEPARTMENT OF DEVELOPMENT SERVICES CASE NO. CU00-15 MASTER SITE PLAN FOR LOTS 1-4, BLOCK 1 121 a 28 p©©MON 2000 STATE HIGHWAY 26 FOR WHATABURGER IN THE CITY OF GRAPEVINE, TEXAS Gonzalez & Schneeberg aMa A+wx,e 9MIb 685. OaOo, t"ax 76206 eng/neers ® surveyors (21.1 6911160 Fax42W esL11�7 SGML PROD. No. OWa No. r MAX. . as 46n -99 -w -m wx�Tusraw LEGEND A= I. ALL PRORem SN KR'1iw 9 2ONm 'r-cr. j! POWER POLE 2 NOTO THE PR e e.w WATER METER B M NIM' A wm now ow H NOW m�IWhtBY O«: WATER VALVE THE FLAKOW L7" TRANSFORLIGHMER STANDARD SOUPW" MANE PREPARED FOR DIE OTY OF OCLMIITY Nn 400696. �- FIRE HYDRANT CLEANOUT to n. W JUNCTION BOX GAS METER4-.2�O.L,. ( OWNER, 'y W, GAS VALVE ..•... rc1.'y+/ 121 & 25 PARTNERS L.P. METAL SIGN �,t4 '� • 'Y 2301 CEDAR SPRINGS RD.. SUITE 400 (- POWER POLE ANCHOR - Awa: aS DALLAS„ TEXAS 73201 ( SANITARY SEVER MANHOLE «......'�'...... --- -ux-- OVERHEAD POWER LINE i'4L• 6536'1 : W • ._......_..-_.,.._ —x— FENCE +1,�ORAI OTE wymm SITE DATA FOR NNATABURGER LOT AREA 44,674 S.F. OR 1.0256 ACRES CURRENT ZCNING 'CC' - COMMUNITY COMMERCIAL CURRENT USE VACANT LAND USE DESIGNATION: INDUSTRIAL/COAMERaAL BUILDING SQUARE FOOTAGE: 3,251 SF PARKING REQUIRED: 100 SEATS O 1 SPACE/3 SEATS 34 SPACES PARKING PROVIDED: 35 SPACES INCLUDING 2 HC. OPEN SPACE a 1!036 (34.3x„ 20% REQUIRED) BULMG HEIGHT 23'-4* RPR 0 4 2000 CASE NAME: WHATABURGER CASE NO: CUOG-15 LOCATION: 2000 STATE HIGHWAY 26 LOT 1, BLOC( 1. 121 & 26 ADDITION zkym— ? DATE PLANNING AND ZONING allMISSON DATE- SHEET, ATESHEET: 1 of 1 -MASTER SITE PLAN APPROVAL DOES NOT AUIHOiIZE ANY WORK IN CONFLICT PATH ANY CODES OR ORDINANCES, DEPARTMENT OF DEVELOPMENT SERVICES CASE NO. CU00-15 MASTER SITE PLAN FOR LOTS 1-4, BLOCK 1 121 a 28 p©©MON 2000 STATE HIGHWAY 26 FOR WHATABURGER IN THE CITY OF GRAPEVINE, TEXAS Gonzalez & Schneeberg aMa A+wx,e 9MIb 685. OaOo, t"ax 76206 eng/neers ® surveyors (21.1 6911160 Fax42W esL11�7 SGML PROD. No. OWa No. r MAX. . as 46n -99 -w -m wx�Tusraw