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HomeMy WebLinkAboutItem 02 - CU05-63 Bank of the WestITE�I � a 4-17 z 4F,6 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER \Z H.T. HARDY, ASSISTANT CITY MANAGER Ali MEETING DATE: DECEMBER 20, 2005 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU05-63 M APPLICANT: Barry Emerson PROPERTY LOCATION AND SIZE: The subject property is located at 108 W. Northwest Highway, and is platted as Lot 1, Block 1, Elliott's Hardware Addition. The addition contains approximately 5.5 acres. The property has approximately 187 feet of frontage along Northwest Highway and 460 feet of frontage along North Main Street. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to allow for a temporary bank building with drive-through service. The applicant proposes to construct on-site an approximate 3,366 square foot temporary building with four drive-through lanes and an additional drive-through lane for an ATM machine for use as a temporary bank facility for Bank of the West. If approved by Council, the applicant intends to have the building placed on-site by February, 2006 and begin banking operations from the facility by April, 2006. Plans for the permanent banking facility are in development with an anticipated move -in date in the fall of 2007. The applicant is requesting approval to occupy the temporary structure until April 30, 2008 with the possibility of an extension up to six months, if necessary. Once the permanent facility is constructed and occupied the temporary building will be removed to a location outside the City. See the attached letter. PRESENT ZONING AND USE: The property is currently zoned "HC" Highway Commercial District and is vacant. This was the previous site of Elliot's Hardware. • ; • . • .. �I�P►Ti7i�C The subject property was originally developed as a Safeway Grocery Store in 1977 with a Specific Use Permit allowing the on-site storage and sale of alcoholic beverages for off - premise consumption (Ordinance No. 77-25). In the 1984 City Rezoning, the property was rezoned from "C-2", Community Business District to "HC", Highway Commercial District with the retention of the Specific Use Permit. CU91-07 for a retail store with a proposed 22,300 sq.ft. addition to the west side of the existing building for outside bulk storage was approved in 1991. CU92-07 was approved in June 1992, allowing for outside storage and the widening of the drive around the addition (Ord. No. 92-29). Banyan Place Addition, located north of the subject site, was rezoned in the 1984 City Rezoning from "C-2", Community Business to "R-TH", Townhouse District. The property had been partially developed when the developer declared bankruptcy. The property was subsequently rezoned to "R-5.0", Zero Lot Line District in 1988 (Case No. Z88-04) and development of the site was completed. CU86-05 allowing on -premise sales of alcoholic beverages was approved for VFW Post #10454 located to the north of the site. The property located to the east and west of the site was rezoned in the 1984 City Rezoning from "C-2", Community Business District to "HC", Highway Commercial District. It had been previously developed as a strip shopping center. The property located to the south of the subject site was rezoned from "C-2", Community Business District to "HC", Highway Commercial District in the 1984 City Rezoning. The site was subsequently developed with the Country Donuts and Cero's Hero's. Conditional Use Request C000-53 was approved by Council at their December 19, 2000 meeting and allowed for an ATM machine along the front of the property adjacent to Northwest Highway. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-5.0" Zero Lot Line District and "CN" Neighborhood Commercial District — Banyan Place Addition and VFW Post #1054 SOUTH: "HC" Highway Commercial District — Country Donuts and Cero's Heros EAST: "HC" Highway Commercial District — North Main Street Shopping Center WEST: "HC" Highway Commercial District — Grapevine Shopping Center 0:/ZCU/CU05-63.4 I December 15, 2005 (10:45AM) 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. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Commercial land use. The applicant's proposal is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates Northwest Highway as a Type C Minor Arterial with a minimum 80 -foot right-of-way developed as four lanes with a center left turn lane and North Main Street as a Type F Collector with a minimum 60 -ft. right-of-way developed as two lanes. /rs 0:2CW000"14 2 December 13, 2005 (7:52AM) ® 1 10 201 - I 6 R'3:75_'t ;I 2o6QJ� 2 ° ■ ( 4 &._._l.. a �---�. ..-501 ---� i 2 511 '...... 50, _; Y b I� HAILrS.... 1 GU 508 I r— -1-- r _ K 3 MI ! - Z.SZ R R QTR i I �TR 100 J \`" !F* G EN R i R -MH i T� 191, z4s I 16 11,E 503 RII� 344 {343 �0 300 6 _ J { —R -MF --1 { —1 4 ' Iz �p� I /� Ali zTR i7i; 310 .1 i A 2 A 8 A TRI T t2 TR -i2 :; 27 300 it ..,p :._._IR.'�.25 ACI._..... � m .5,5AC .._.13A ... ....� _... Tlt�B 20 — 72 --' i 412 M 434 �T&A407 19 73 �- _...- TIZQ g, 7; 444 ; 434 y' _ 4w ew 17 _j #bio! PO 1 .0 R - 15 433 4n 4mI1661V 4 TR NMI g 16 fl--TbRNE R 460 '�P _-- Tie■�■ s GU TN f�(03 4 i-- �_"TR TR g- - t 1.72 AC! 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APPLICANT INFORMATION Name of applicant/ agent RANR CIE —PE WEST Street address of applicant/ agent: 2111 WEST AIRPORT FREEWAY City/ State /Zip Code of applicant /agent: IRVING, TX 75062 Telephone number of applicant/ agent: Fax number of applicant/agent 972/252-77183 972/257-0850 Email address of applicant/agent Mobile phone number of applicanVagent 817/371-4944 Applicant's interest in subject property PART 2. PROPERTY INFORMATION oueac auuress ui suulecr properly 108 WEST NORTHWEST HIGHWAY Legal description of subject property (metes & bounds mVst be described on 8 1/2" x 11 " s eel BEING A PART OF LOT 1, ELLIOTT S HARDWARE ADDITION(AT�TACF.ED METES & BOUNDS) Size of subject property 4.568 Acres 198,982 Present zoning classification: Proposed use of the property. HC EIGHWAY COXMER IAL COMMERCIAL BANKING FACILITY size for conditional use request: Zoning ordinance provision requiring a conditional use: DRIVE IN BANK PART 3. PROPERTY OWNER INFORMATION Name of current property owner.- Street wner Street address of property owner. 2111 WEST AIRPORT FREEWAY City/State /Zip Code of property owner.- IRVING, TX 75062 Telephone num r of property owner Fax number of property owner, 972/252-7183 1 972/257-0850 \\CHDN\VOL1\DATA\COMMDEV\ZCU\FORMS\app.cu.doc , www.d.grapevine.N.us U 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 Zt applicable district regulations (example: buffer yards, distance between users) 7 In the same letter, describe whether the proposed conditional use will, or will not cause substantial harm to the value, use, {� joent of other property in the neighborhood. Also, describe how the proposed conditional use will add to the value, use or enjoyment of o p e8y�y�, neighborhood. t/U� ❑ Application of site plan approval (Section 47, see attached Form B'). �/ n ❑ The site plan submission shag meet therequirements of Section 47, Site Plan a uirements. ❑ All conditional use and conditional use applications are assumed to be co fete when filed an r l be laced on the agenda for putr is at the discretion of the staff. Based on the size of the agenda, your applic ion maybe sched d a 1 er date. ❑ All public hearings will be opened and testimony given by applicants d interested citiz ry. P bli earings 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) approed with a condit' al use or onditionai 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 yj� the application or co ro a! use or conditional use permit and acknowledge that all requirements of this application have been met at the ti of submittal. PART 4. SIGNATURE TO.AUTHORIZE COND REQUEST SiGN ON THE SUBJECT BANK OF THE WEST Print Applicant's Name: LACE A CONDITIONAL USE Signature: BARRY K. EMERSON, EXEC.DIRECTOR The State Ofis).b`` faaa, ) Lal (0 County Of -�—j' __ Before Me-- / ' ` l \i 2 on this day personally appeared Y (nota) I (applicant) known to me (or proved to me on the oath of card or other document) to be the person whose name acknowledged to me that he executed the same for the p"uufposes and consideration therein expressed. ,gal) Given under my hand and seal of office this I f qday of ! � 1Y P— +' � 1. cr, A.D. MAEKY CHAVEZ .` MY COMMISSION EXPIRES vt, Y 11, 2009 BANI' OF THE WEST' subscribed to the foregoing instrument and Print Property Owners Name: 17 The State Of County Of Before Me (nothry) P, BARRY K. EMERSON, EXEC. DIRECTOR on this day personally appeared •L -(r q C ` • C rn a J lin 4Dtoperty owner) known to me (or proved to me on the oath of card or other document) to be the person whose acknowledged to me that he executed the same for the purposes and consiideration therein expressed. (Seat) Given under my hand and seat of office this 'hday of 1 V`Oyr� 01bCJi , A. name is subscribed to the foregoing instrument and KVBERLY CHAVEZ MY COMMISSION EXPIRES January 11, 2009 7N\VOL1 \DATA\COMMDEViZCU\FORMS\app.cu.doc ci.grapevine.tx.us ACKNOWLEDGEMENT UVU:D -U RECEIVEL,, NOV 18 2005 wI 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 riling fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications�besid Planning and Zoning Commission and Ci Council created by city staff shat red a part of the four month period. I have read and understa conditional use or spe al application have been m t at Signature of Applicant Date: f r t r z /v i Signature of Date: t r (('? alltri quirements as set forth by the application for se per and acknowledge that all requirements of this OF THE WEST BY BARRY K. EMERSON BANK OF THE WEST BY BARRY K. ENEPSGN \\CHDN\VOl1\DATA\COMMDEV\ZCU\FORMS\app.cu.doc www.d.grapevineAx.us BANK°f heWEST Barry K. Emerson Executive Director November 17, 2005 Mr. Ron Stombaugh, Development Manager City of Grapevine 200 South Main Street Grapevine, Texas 76051 Dear Mr. Stombaugh: This letter is intended to explain our plans, both present and future, for the Elliott's Hardware property. The project will begin with the approval of a conditional use permit for a drive in banking facility which will be attached to a modular building. If approved we expect this new modular building will be in place on the site in February, 2006. On site completion should be finished within a couple of months and we would expect to open the bank by April 1, 2006. We are currently working on plans for the permanent banking facility and our MSD application. We anticipate having plans for the permanent building completed by mid summer 2006, and further expect the MSD process to be completed and have a clean VCP certificate from the TCEQ by September, 2006. At that point we will begin construction of the permanent facility and would expect one year for construction. Under this timeline we would hope to move into the permanent facility in the fall of 2007. However, it always seems to take longer than anticipated on any construction project of this magnitude. So we would request the City grant us approval to occupy the modular building until April 30, 2008, and consider granting an extension for up to six months if necessary to complete construction of the permanent facility. 2111 West Airport Freeway • Irving, Texas 75062 • 972/252-7183 • Fax 972/257-8050 86CE7/VIFID Once the permanent facility is occupied we will remove the modular building and AVOP 1 9 everything associated with it to another location outside the City of Grapevine. We expect to have roughly 3 acres of land for future development once the permanent 'RIVN/ G banking facility is completed. We will continue to work with the City to determine the tions please fee free to contact me at 972-252-7183 or CSU o5 -63 'D- 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 CU05-63 TO ALLOW FOR A TEMPORARY BANK BUILDING WITH DRIVE-THROUGH SERVICE, 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, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: ORD. NO. 2 Section 1. That the City does hereby issue a conditional use permit in accordance with Section 48 of Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code, by granting Conditional Use Permit No. CU05-63 to allow for a temporary bank building with drive-through service (Bank of the West) within the following described property: Lot 1, Block 1, Elliot's Hardware Addition (108 West Northwest Highway), 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. 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 ORD. NO. 3 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 December, 2005. ATTEST: ORD. NO. 4 south elevation SCALE 1/8' • I'-0' MAYOR SECRETARY DATE --- PLANNING AND ZONING COMMISEOI• CHAIRMAN DATE 9lEET; � OF APPROVAL DOES NOT AUTHORIZE ANY IN CONFLICT WITH ANY CODES OF ORDINANCES OEPARTI GUd'S-�b3 r� rr. r�Lv:� f �tlaa� fjsnl�. �tr-f �- cCrcJti ..-t`G��� SLrrltt L . floor plan SCALE 118' . I'-0' east elevation SCALE V8' - 1'-0, FUTURE DEVEI.OPEMEN7' SITE INFORMATION TOTAL SITE AREA,, 37,256 S. V. BUILDING FOOTPRINT: 3,524 S. F. ASPHALT PAVING (E)LSTING): 18,136 S. P. ASPHALT PAVING (NEW): 8,120 S. F. CONCRETE WALKS: 1,302 S. F. TOTAL LOT COVERAGE. 31,084 S.F. (83%) TOTAL LANDSCAPED AREA: 6,172 S.F. (17%) KIRKPATRKK ARCNIT4fMRf f T U D 1 0 6Ep4o ^+.Ar J'1t Nn ia��' z � W Q E- 1-✓ U W H U E- -4z �z [f? 4 W F a W w Q) z zfl 14 w z zmw RE�IISgNS: SHEETS: SITE PLAN DATE 1_18 N044d�R 20a 6 H E E T Al OF