HomeMy WebLinkAboutItem 11 - CU14-06 First Bank TexasMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: APRIL 15, 2014
SUBJECT: CONDITIONAL USE REQUEST CU14 -06 (SECOND READING)
RECOMMENDATION:
Staff recommends the City Council approve Conditional Use Application CU14 -06 on the
second reading of an ordinance, and take any other action necessary.
Conditional Use Request CU14 -06 was submitted by Justin Sharp and approved on the
first reading of an ordinance by Council at the March 18, 2014 meeting. The request
was to allow a bank with drive - through service and a 25 foot high, 120 square -foot pole
sign in the "CC" Community Commercial District. The subject site has lost
approximately 3,666 square feet due to the expansion of State Highway 114.
The applicant's intent is to utilize an unoccupied former Grandy's restaurant to establish
a 3,797 square foot bank with drive through. The Planning and Zoning Commission at
the March 18, meeting recommended creating additional open space on the subject site
by converting excess parking spaces into new landscaping. As shown on the plot plan,
five parking spaces, four adjacent to State Highway 114 and one adjacent to Capitol
Street have been converted to open space. The applicant sought approval of a special
exception from the Board of Zoning Adjustment relative to the front yard landscape area
requirement and the required setback for a proposed pole sign. The site is unable to
meet the front yard landscape requirement and pole sign setback requirement adjacent
to State Highway 114 because of the loss of frontage from the subject property. The
BZA Board approved the special exception request at their April 7, 2014 meeting.
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CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
•
PART 1. APPLICANT INFORMATION
Name of applicant /a /company /contact
/ey�nc�t:
Street address of applicant /agent.,
City / State / Zip Code of applicant / agent:
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Telephone number of applicant/ agent.
Fax number of applicant/agent
�1I- 5�- 1)0
q1`i° 6ci 3- o!
Email address of applicant/agent
' .s
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Mobile phone number of applicant/agent
Applicants interest M subject property:
PART 2. PROPERTY INFORMATION
Street address of subject property
apt Eft' s7-�4Tr
NjelikU)iorq
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Legal description of subject property (metes & bounds must be described on t 112 "x 11" sh et) [
Lot 1 A Block 1 Addition r-7 0T `G.r 0) ne-
Zoning ordinance provision requiring a conditional use:
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner.,
❑ Submit a letter describing the proposed conditional use and note the request on the site plan document
❑ in the same letter, describe or show on the site plan, and conditional requirements or conditions imposed upon the particular conditional
use by applicable district regulations (example: buffer yards, distance between users)
❑ In the same letter, describe whether the proposed conditional use will, or will not cause substantial 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.
❑ Application of site plan approval (Section 47, see attached Form "B ").
❑ The site plan submission shall meet the requirements of Section 41, Site Plan Requirements.
❑ All conditional use and conditional 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 conditional 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 by the application for conditional use or conditional use permit and
arknowledoe that all requirements of this application have been met at the time of submittal.
• I b d a fel - • • t J a • - • ••
Print Applicant's Name:
The State of
County Of—AWV Cl.
Before Me It on this day personally appeared
(notary) (applicant)
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
acknowledged to me that he executed the same for the purposes and consideration therein expressed.
day of A.D.
AVya&AWA&V�
otary in And For Stke Of Texas
(Seal) Given under my hand and seal of office this
e- MY AWANDEMM
COMMISSION EXPIRES 21, 17
G,O pqe-
Printtroperty Owners
Caro The State Of. i V o bno,
County Of
Property
Before Me Ern' Lo { bt4 I on this day personally appeared 0 - UDMID, i"&Q –kan Kal
(notary) (property owner)
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 consikeration therein expressed.
(Seal) Given under my hand and seal of office this -- W day of t (Va A.D. .
Notary7n And For
E/
7 2ora I�
filed All Conditional Use and Special Use Applications are assumed to be complete
when and will be placed on • - •`. for public hearing at the discretion of
the staff. Based on of • • your •• • be • •" to
date. later
Ali public hearings be opened • testimony given by • • and
interested citizenry. Public -. • be continued to the next public hearing.
Public • not be • •
changes Any • a site • • matter how • or • approved with a
conditional use or a special use permit can only be approved by city council
through the public hearing process.
I have • and understand all of the requirements forth by the application
for conditional use or special use permit and acknowledge that all requirements of
this application been - of submittal.
Date: d ° 3 r
Date: q, t -(
First
City of Grapevine
200 South Main Street
Grapevine, TX 76051
AM=
I=
In reference
• the above mentioned property, we are submitting this letter for t
Conditional Use Application. The property is zoned CC and is going to be use
for a Banking Facility. •
The proposed use will not harm the value, use • enjoyment • other property i
the neighborhood. We feel with the remodel • the building, inside and out, wl
do nothing but increase the value.
If you have any questions or need further information, please call me at 817 -694-
4659.
Area President
iC 8 N-0-105
J Y
ml
4201 Airport Frwy • Bedford, Tx 76021 • Main 817-553-2500 • Fax 817-553-2501 • www.go2fbt.com
ORDINANCE NO. C tlIV- 60
Fr/z S-r &4/< 7-eMS
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 CU14 -06 FOR A
BANK WITH DRIVE THROUGH SERVICE AND A 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 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 CU14 -06 to allow for a bank with drive through service
and a 25 -foot pole sign in a district zoned "CC" Community Commercial District
Regulations within the following described property: Lot 1A, Block 1, Grandy's of Grapevine
(301 East State Highway 114) 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 safely from
fire, panic, flood and other dangers; provide adequate light and air; to prevent
overcrowding of land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water, parks and other
public requirements, and to make adequate provisions for the normal business, commercial
needs and development of the community. They have been made with reasonable
consideration, among other things, of the character of the district, and its peculiar suitability
for the particular uses and with a view of conserving the value of buildings and encouraging
the most appropriate use of land throughout the community.
Section 5. That this ordinance shall be cumulative of all other ordinances of the
City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those ordinances which are in
direct conflict with the provisions of this ordinance.
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. 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
ORD. NO. 3
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 18th day of March, 2014.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on second and final reading on this the 15th day of April, 2014.
RKRINA
49 �m ,
ORD. NO. 4
SIGH CABINET
AS REWIRED
EXL4'RNG POLE
BASE
NEW Fl%NRE AS SPE
GROUND LEVEL. _
EXISTING CONC BASE I
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SITE DATA CHART
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t CONDITIONAL USE REQUEST CU14 -06 IS A REQUEST TO ALLOW A
3,972 SQUARE FOOT BANK NTH DRIVE- THROUGH SERVICE AND A 25'
IN HEIGHT POLE SIGN ON A CURRENTLY EXISTING POE AT THE SITE
DIRECTIONAL, AND OR CONVENIENCE SIGNS SHAD. NOT EXCEED A HEIGHT OF 42`-
ANY LOGO OR COMPANY NAME SHALL NOT EXCEED 10% OF THE SIGN - CABINET SHALL
NOT EXCEED 5 SQUARE FEET AS PER CITY REQUIREMENTS
2. ALL ON SITE ELECTRICAL CONDUCTORS ASSOCIATED WITH NEW
CONSTRUCTION SHALL BE LOCATED UNDERGROUND.
3. MECHANICAL AND ELECTRICAL EQUIPMENT, INCLUDING AIR CONDITIONING
UNITS, SHALL BE DESIGNED, INSTALLED AND OPERATED TO MINIMIZE
NOSE IMPACT ON THE SURROUNDING PROPERTY. ALL SUCH
EQUIPMENT SHALL BE SCREENED FROM PUBLIC MEW.
4. THE MASONRY REQUIREMENT OF SECTION 54 SHALL BE MET.
5. ALL REQUIREMENTS OF THE GRAPEVINE SOIL EROSION CONTROL ORDINANCE
SHALL BE MET DURING THE PERIOD OF CONSTRUCTION.
6. LIGHTING LEVELS AT THE PROPERTY LINE MAY NOT EXCEED 3.0 FOOTCANDLES-
PROPOSED POE SANS WERE INCLUDED IN THE DETERmisinON OF THE &=NAT= LEVELS.
7> IX6M: -1HRU LIGHTING SHALL BE RECESSED TO PREVENT REFLECTIVE (LIRE AS REQUIRED
DESCRIPTION LEGAL
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EXISITNG PARKING CONVERTED ® / ®,
INTO LANDSCAPING
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VICINTY MAP
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LEGEND: FrA C EX m ISTINGSHRUBS 4 2014
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. NEW 3 GAL. SHRUBS ky
REQUIRED
■ EXISTING SIGNIFICANT TREE
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(UV£ PAK- r CAL Mw)
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■ NEW LARGE CANOPY TREE
1 TRM PER 400 S.F. (0)
(tom ONO
PERIMETER
. EXISTING MEDIUM CANOPY TREE
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(BAD CYPRM)
NOTE EXISTING IRRIGATION SYSTEM PRESENT FOR FULL SITE
LANDSCAPE DATA CHART
ITEM
REQUIRED
PROVIDED
INTERIOR%
10%
2TA%
INTERIOR TREES
1 TRM PER 400 S.F. (0)
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PERIMETER
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1 TREE PER 4000 S.F. (0)
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TOTAL REQUIRED LANOW.APE
20% OF SITE AREA
=26%
FRONT YARD
SO% OF REQUIRED
51.12%
:N" r'N , %JNCL: The owner, tenant and dwir agent, if any ,hail be jointt;� and
ra(l} responsible forthe maintenance of ail landscaping. All required .
scaping shall bemaintained ut a neat and orderly maun ®rat all tunes. This
include mowing, edging, pruning, fertilizing, irrigation systeins, weeding, and
r such activities common to the maiutenarnce of landscaping. Landscaped
R shall be kept free of trash, litter, weeds and other such material or plants not a
of the landscaping. ±U1 plant materials shall be maintained in a healthy and
vin6 condition as is appropriate for tae- season of the year. Plant materials
;1x die shall be replaced with plan[ material of si nilar variety and size.
)malicc in- ground irrigation system with rain and freeze: sensory capability is
MICHAEL T. BARNES
ARCHITECT
LEGAL DESCRIPTION
LOT -1A, BLOCK -1
GRANDY'S OF GRAPEVINE
TARRANT COUNTY, TEXAS
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