HomeMy WebLinkAboutItem 03 - CU07-31 TuscanyConditional Use Permit Application CU07-31
Tuscany
open for business. The subject building is proposed to be a multi -tenant, two-story
structure comprising nearly 26,000 square feet with an approximate 375 seat restaurant,
with seating located on both the first and second floors, as one of the tenants.
PRESENT ZONING AND USE:
The property is currently zoned "CC" Community Commercial District and is under
construction.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject and adjacent property was zoned "C-2" Community Business District prior to
the 1984 City Rezoning. A portion of Lot 5R (Kar Wash) to the west was rezoned to "S -P"
Site Plan Zoning in 1984—the remainder of Lot 5 and Lot 6 were rezoned to "HC" Highway
Commercial District during the 1984 City Rezoning. The properties to the north and east
were rezoned from 1-1 Light Industrial District to "CC" Community Commercial District and
"LI" Light Industrial District respectively during the 1984 City Rezoning. Also during the
1984 City Rezoning, the property to south was rezoned from "R-3" Multiple Family District
and "C-2" Community Business District to "PID" Planned Industrial Development District.
Conditional use request CU99-38 was approved by Council at their September 21, 1999
meeting which allowed for 200 square foot retail expansion and the addition of gasoline
sales for King Arthur's Castle. At the May 17, 2005 meeting, Council approved a rezoning
of the subject tract (Z05-03) rezoning 4.66 acres from "HC" Highway Commercial District
and "SP" Site Plan Zoning to "CC" Community Commercial District for future development.
At the May 16, 2006 meeting, Council approved a conditional use permit to allow a drive-
through and outside dining in conjunction with a restaurant and the possession, storage,
retail sale, and on -premise consumption of alcoholic beverages (beer, wine, and mixed
beverages) as well as outside dining in conjunction with a second restaurant.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CC" Community Commercial District—vacant
SOUTH: "CC" Community Commercial District—North Star Bank currently
under construction
EAST: "LI" Light Industrial District—former Trencor site currently under
development as the Great Wolf Lodge and Resort
WEST: "HC" Highway Commercial District—auto repair
AIRPORT IMPACT:
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,
OAZCU\CU07-31.4 2
October 8, 2007 (11:38AM)
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 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 East Northwest Highway as a Type C Minor Arterial
with a minimum 80- foot right-of-way developed as four lanes with a center turn lane. The
Thoroughfare Plan designates East Wall Street as a Type E Collector with a minimum 65 -
foot right-of-way developed as four lanes with an 11 -foot travel lane width.
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2
4 2!-107
E X A S CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant/ agent.,Icompanylcontact
!�Oclr— 90-97— f --
Street address of applicant/ agent:
11-1&0 t)5,fNy5 /?p . . 5*t11r1F 7-ao
Citytate State / Zip Code of applicant / agent:
119110!1�-�— 0 7
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Telephone number of applicant , lagent:
Fax number of applicantlagent
-Z-/,f - 47 T2
Email address of applicant/agent
Mobile phone number of applicant/agent
Applicant's interest in subject property:
kc4w mer
PART 2. PROPERTY INFORMATION
Street addres uject property
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Size of subject prdpertj
0 9 Acres Square footage
Present zoning cfassification.-
Proposed use of the property:
Minimum / maximum district size for conditional use request,
Zoning ordinance provision requiring a conditional use:
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner.,
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Street address of propehy owner:
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City / State/ Z p Code of property owner
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2
4 2!-107
❑ 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 47, 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 maybe 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.
❑ 1 have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and
acknowledge that all requirements of this application have been met at the time of submittal
PART 4. SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST PLACE A CONDITIONAL USE
REQUEST SIGN ON THE SUBJECT PROPERTY
PnntApplicant's Name: Applicant's r
The State of _
County Of VAMA/ Before Me _ o L •n this daypersonally appeared61te 12 e
(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 and
acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal) Given under my hand and seal of
✓<° - 7 d I t
Print Property Owners Name:
Ali VE.'a
Of
The State Of-(�
County Of `T — r raxct
Before Vle_ l..l�-�' O_�r1
an this day personally appeared
(nota _
r}
(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 consideration! therein Iexpressed.
(Seal) Given under my hand and seat of office this day of S�'T"Oti.,4'Y-,K�c•VA.O.�
CAROL HUGHES
!1, ° MY COMMISSION EXPIRES
'• ' . AUGUST 1, 2010 ; Notary In And For State Of Texas
O:iZCUIFORM S1a pP.Cu.doc
www.d.grapevine.tx.us 3
2007s
ACKNOWLEDGEMENT
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 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 Applicant
Date: ?-- f- let
- - Signature of
Date:
01ZClnFORMSIa pp. cu.doc
www ,ci. grapevineAx.us
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 CU07-31 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.
2006-33 TO REVISE THE FLOOR PLAN OF A RESTAURANT
WITH OUTSIDE DINING IN A DISTRICT ZONED "CC"
COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL
IN ACCORDANCE WITH A SITE PLAN APPROVED
PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73
AND ALL OTHER CONDITIONS, RESTRICTIONS AND
SAFEGUARDS IMPOSED HEREIN; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; PROVIDING A
CLAUSE RELATING TO SEVERABILITY; DETERMINING
THAT THE PUBLIC INTERESTS, MORALS AND GENERAL
WELFARE DEMAND THE ISSUANCE OF THIS
CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, an application was made requesting issuance of a conditional use
permit by making applications for same with the Planning & Zoning Commission of the City
of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of
Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been
complied with, the case having come before the City Council of the City of Grapevine,
Texas, after all legal notices requirements, conditions and prerequisites having been
complied with; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council did consider the following factors in making a determination as
to whether this requested conditional use permit should be granted or denied: safety of the
motoring public and the pedestrians using the facilities in the area immediately surrounding
the site; safety from fire hazards and measures for fire control; protection of adjacent
property from flood or water damages, noise producing elements, and glare of the vehicular
and stationary lights and effect of such lights on established character of the neighborhood;
location, lighting, and types of signs and relation of signs to traffic control and adjacent
property; street size and adequacy of width for traffic reasonably expected 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.
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 CU07-31 to amend the site plan approved by Ordinance No. 2006-
33 to allow the possession, storage, retail sale and on -premise consumption of alcoholic
beverages (beer, wine and mixed beverages), specifically to revise the floor plan of a
restaurant with outside dining, in a district zoned "CC" Community Commercial District
Regulations within the following described property: Lot 1, Block 1, Grapevine Corner
Addition (Tuscany, 960 East Northwest Highway, Suite 130), 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
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. 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 16th day of October, 2007.
ATTEST:
ORD. NO. 4
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