HomeMy WebLinkAboutItem 03 - CU12-07 MC Corner ITEM # 3 V-02.3
P4-F
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER .
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: MARCH 20, 2012
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU12-07 M C CORNER
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~� __________ - c% ry' APPLICANT: Anwar (Al) Dossani
Grapevine
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` PROPERTY LOCATION AND SIZE:
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�* The subject property is located at 513 East
Northwest Highway and is platted as Lot 1, Block 1,
Dearing Addition. The addition contains 21,254
1 w square feet and has approximately 108 feet of
LkellJohnson �y a frontage along Northwest Highway and 190 feet of
frontage along North Dooley Street.
N Glade Rd. �I
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REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the Previously approved site
plan of CU96-38 (Ord. 97-82)for a convenience store with gasoline sales and off-Premise
consumption of alcoholic beverages (beer and wine only) specifically to demolish the
existing structure and allow gasoline sales and the possession, storage retail sale and off-
premise consumption of alcoholic beverages (beer and wine only) in conjunction with a
new convenience store.
It is the applicant's intent to improve the subject site by demolishing the structure and
canopy, removing a storage building, closing a driveway along North Dooley Street and
constructing a new 2,881 square foot convenience store that is located near the north and
east property lines to improve ingress/egress to the site. The proposed convenience store
is approximately 310 square feet smaller than the current store. The applicant proposes
removal of an existing 20 foot on-premise pole sign and replacing it with a monument sign
6.62 feet in height and 41 square feet in area. The proposed use requires 19 parking
0AZCU1CU12-07.4 1 March 14,2012(2:44PM)
spaces; 22 are provided. The existing fuel storage tanks will remain on the subject site.
The tanks are tested annually and currently meet the Texas Commission on Environmental
Quality requirements.
If approved this will be the first reading of an ordinance given the subject site requires
approval of a special exception, due to minimum open space requirements, maximum
impervious area,front yard setback, side yard setback, rear yard setback, and landscaping
along with variances to address the existing lot size and width. These items will be heard
before the Board of Zoning Adjustment at their April 2, 2012 meeting. If approved by the
Board the second reading will occur at the Council's April 17, 2012 meeting.
PRESENT ZONING AND USE:
The property is currently zoned "CC"Community Commercial District and is developed as
a convenience store with gasoline sales and off-premise beer and wine sales. The
property was originally developed as a gasoline station with auto repair in the early 1980's.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject site and areas to the north and east were rezoned in the 1984 City Rezoning
from "C-2" Community Business District to "CC" Community Commercial District. The
areas to the south and west were rezoned in the 1984 City Rezoning from "C-2"
Community Business District to"HC"Highway Commercial District. Conditional Use Permit
CU87-08 for automotive body repair and painting was denied on the adjacent property to
the east. Conditional Use Permit CU91-16 for building materials and supplies for a
sprinkler system company with outside storage was approved September 17.1991. The
same property also received a special exception from the Board of Zoning Adjustment to
exist as developed. The Fina convenience store on the southeast corner of Dooley Street
and East Northwest Highway has a Conditional use Permit(CU85-02 and CU89-06)forthe
sale and off-premise consumption of alcoholic beverages(beer and wine only). The Quick
Fill at the southwest corner of East Northwest Highway and Dooley Street also has a
Conditional Use Permit(CU97-17)and a Specific Use Permit(Z76-20, Ord. 76-39)for the
sale and off-premise consumption of alcoholic beverages (beer and wine only) in
conjunction with a convenience store with gasoline sales.
The subject property was granted a Conditional Use Permit (CU92-04)to allow the retail
sale and off-premise consumption of alcoholic beverages (beer and wine only) in
conjunction with a gasoline service station and automotive repair. Conditional Use Permit
CU96-01 (Ord. 96-10) amended the approved site plan to expand the area for the
possession, storage and retail sale of off-premise consumption of alcoholic beverages
(beer only)in conjunction with the operation of a convenience store with gasoline sales. At
the August 19, 1997 meeting City Council approved Conditional Use Permit CU96-38(Ord.
97-82) to incorporate an expanded outdoor canopy and a waiver of Section 47.E.2 in
accordance with Section 47.F. Southwest of the subject site, at the February 15, 2011
meeting, City Council approved CU10-31 (Ord. 2011-06) to demolish an existing
0:2CUICUI2-07.4 2 March 14,2012(2:44PM)
convenience store and construct a new convenience store.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CC" Community Commercial District - multi-tenant building
SOUTH: "HC" Highway Commercial District—Valero, Dekra Inspections and
Quick Fill
EAST: "HC" Highway Commercial District—Service Glass and Mirror
WEST: "HC" Highway Commercial District- Northwest Crossing Shopping
Center
AIRPORT IMPACT:
The subject tract is located within "Zone A" zone of minimal effect as defined on the
"Aircraft Sound Exposure: DallaslFort 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 proposed demolition
and reconstruction of a new convenience store 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 a Type C, Minor Arterial with a
minimum 80 foot right-of-way developed as four lanes with a center left turn lane. Dooley
Street is designated a Type E, Collector with a minimum 75 foot right-of-way developed as
four lanes.
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USE APPLICATION
Form "A„
PART 1.APPLICANT INFORMATION
Applicant Name: Anwar(AI)Dossani/AI's Investments,Inc. ------- .......................................... ----------------
.......................................Applicant Address: 520 East Northwest Highway/Suite 100
City/State/Zip Grapevine,Texas 76051
Phone No. 817-328-1900 Fax No. 817-442-1160
Email Address Mobile Phone 817-360-1081
Applicant's interest in subject property Developer
PART 2. PROPERTY INFORMATION
Street Address of subject property 513 East Northwest Highway
Legal Description: Lot 01 Block 01 Addition Dearing Addition
w._...-.-._.-._... --- —...---..
Legal description of subject property (metes& bounds must be described on 8 112"x 11"sheet
Size of subject property: acres 0.488 square footage 21,254
--------------------------------
Present zoning classification CC Community Commercial District
Proposed use of property Convenience Store
Zoning ordinance provision requiring a special use Off-Premise Alcohol Sales
PART 3. PROPERTY OWNER INFORMATION __....__ry
Property Owner Nirmal&Armaan Enterprises,Inc.
Prop Owner Address 5 East Northwest Highway/Suite 100
CitylStatelZip Grapevine,Texas76051
Phone No. 817-328-1900 Fax No. 817-442-1160
❑ Submit a letter describing the proposed special use and note the request on the site plan document
• in the same letter, describe or show on the site plan,and special requirements or conditions imposed upon the particular special use by
applicable district regulations(example:buffer yards, distance between users)
• In the same letter,describe whether the proposed special 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 special 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 special 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 special use or specialuse permit can only be approved by city council
through the public hearing process.
❑ l have read and understand all the requirements as set forth by the application for special use or special use permit and acknowledge that
all requirements of this application have been met at the time of submittal.
PART 4. SIGNATURE TO AUTHORIZE SPECIAL USE REQUEST AND PLACE A SPECIAL USE REQUEST SIGN ON THE
SUBJECT PROPERTY
Anwar(AI)Dossani/AI's Investments,Inc.
_ ._.--.-.-_-------------------.-. .-.-...--------.-..._.----------------------------__.___.... .___..........
Print Applicant's Name Applicant's Signature
The State of Texas
County of Tarrant
Before me (notary) 'Tpyy� �"tilt'i�CY on this day personally appeared(applicant) �, n
known to me(or proved to me on the oath of card or other document)to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal)Given under my hand and seal of office this day of 410YL&V1C4 ,A.D. T^20lZ..._.
TERRI L. EKLEBERRY
NOTARY PUBLIC
* STATE OF TEXAS ......._
COMMISSION EXPtRES
OF' SEPTEMBER 21, 2013 Notary In and For State of
Nirmal&Armaan Dossani/Nirmal&Armaan Enterprises,Inc.
.___-__ -_--_
Print Property Owner's Name Property Owner's Signature
The State of Texas
County of Tarrant
Before me(notary) � -�U�p,�,�Y- Y on this day personally appeared (applicant)
known to me(or proved to me on the oath of cafd or other document)to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal) Given under my hand and seal of office this day of A.D. ,
r P TERRI L.EKLEBERRY
(L* NOTARY PUI9LIC
W--�SEPTEMBER STATE OF TEXAS COMMIS5ION EXPIRES Notary In and For State of
21, 2073
t
7E
ACKNOWLEDGEMENT
All Conditional Use and Special Use Applications are assumed to be complete
when riled 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
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.
Signature of Applican
Date: o
Signature of Owne
Date:
Al
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1A,
(I I Lk ORDINANCE NO. `S
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 CU12-07 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.
97-82 TO CONSTRUCT A NEW CONVENIENCE STORE
WITH GASOLINE SALES AND OFF-PREMISE
CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER AND
WINE ONLY) 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; 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 considerthe 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 characterof
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.
ORD. NO. 2
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That the City does hereby issue a conditional use permit in
accordance with Section 48 of Ordinance No. 82-73,the Comprehensive Zoning Ordinance
of the City of Grapevine, Texas, same being also known as Appendix"D"of the City Code,
by granting Conditional Use Permit CU12-07 to amend the site plan approved by
Ordinance No. 97-82 to construct a new convenience store (MC Corner) with gasoline
sales and the possession, storage, retail sale and off-premise consumption of alcoholic
beverages (beer and wine only) in a district zoned "CC" Community Commercial District
Regulations within the following described property: Lot 1, Block 1, Dearing Addition (513
East 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. 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 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 safety 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.
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
ORD. NO. 3
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. That 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 this ordinance shall become effective from and after the date of
its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on first reading on this the 20th day of March, 2012.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on second and final reading on this the day of ,
APPROVED:
ATTEST;
APPROVED AS TO FORM:
ORD. NO. 4