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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTO �
MEETING DATE: AUGUST 21, 2012
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU 12-21, 7-ELEVEN
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Grapevina
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5 APPLICANT: Brian Nebel
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Northwes I PROPERTY LOCATION AND SIZE:
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The subject property is located at 520 South Main
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Street, Suite 202, and is platted as Lots 1 R, 2 and
Hall-Johnson S� Aiirrport a 313, Block 4, City of Grapevine Addition. The
property contains 0.721 acres and has approximately
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I T _ _ 255 feet of frontage along South Main Street, 43 feet
Glade Rd. s i_ of frontage along Franklin Street and 92 feet of
frontage along West College Street.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to allow the possession, storage, retail
sale and off-premise consumption of alcoholic beverages (beer and_wine only) in
con'unction with a convenience store.
The applicant proposes to establish a 1,924 square foot convenience store (7-Eleven) on
the subject site that will provide off-premise beer and wine sales, perishable and non-
perishable food items, prepared food and other sundry items generally found in a small
convenience store; current plans are for the store to be open 24-hours a day. The
applicant has provided 41 parking spaces on site. Based on currently approved uses and
those projected as spaces are leased in the future, 82 parking spaces are required. Area
public parking lots include the Foust lot, the lot west of Willhoite's, the Church Street and
West Texas Street lot and the lot at Jenkins Street and East Worth Street offer parking in
the immediate vicinity to accommodate the proposed use and future tenants of the
remainder of the building.
0:\Zcu1cU12-21.4 August 16,2012(2:42PM)
PRESENT ZONING AND USE:
The property is zoned "CBD" Central Business District and is currently undergoing an
extensive remodel/expansion to allow for multi-tenant office, retail, and restaurant uses.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property and surrounding areas were rezoned in the 1984 City Rezoning from
"C-2" Community Business District to "CBD" Central Business District. The subject
property is also located within the Main Street Historic Overlay District (HL92-03). At the
March 20, 2012 meeting Council approved a conditional use request(CU 12-08)for an 87
seat Jake's Hamburger's restaurant with on-premise alcohol beverage sales on the subject
site. Also on the subject site, Council approved at their July 17, 2012 meeting a conditional
use request (CU 12-29) for a 435 square foot retail store (Sugar Shack) for food service
items (shaved ice and seasonal beverages).
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CBD" Central Business District—Willhoite's
SOUTH: "CBD" Central Business District—retail business, Blagg Tire and
Service
EAST: "CBD" Central Business District—Foust Funeral Home
WEST: "CBD" Central Business District—two office structures
AIRPORT IMPACT:
A portion of 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 Central Business District land use.
The applicant's proposal is in compliance with the Master Plan.
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CITY OFGRAPEVINE
CONDITIONAL USE APPLICATION
Form "A"
PART 1.APPLICANT INFORMATION
Applicant Name:
Applicant Address: e f "go wa PV -FrL4 V'r,
City/State/Zip ,� Z
Phone No. r t'� Z�j Fax No. Zia —L{z3
Email Address � Aobile Phone
Applicant's interest in subject property ,
PART 2. PROPERTY INFORMATION
Street Address of subject property ;J 7-0
Legal Description: Lot I l R Z Block Addition T �l V i r g
Legal description of subject property{metes&bounds must be described on 8 1/2"x 11"sheet
Size of subject property: acres .724 square footage mil! 3 'Cep
FV-
Present zoning classification F C' p
Proposed use of property F�;AvvldieWTIA5
Zoning ordinance provision requiring a conditional use v ,Y4,1
PART 3. PROPERTY OWNER INFORMATION
t ,
Property Owner too pc w
Prop Owner Address S
City/State/Zip FQEd%-0;V t JX J(0051
Phone No. 04-1 . 2 2�&C5�'U No. t 1 2 rd•!fQ. C
❑ 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 V).
❑ The site plan submission shall meet the requirements of Section 47, Site Plan Requirements.
13 All conditional use and conditional use applications are assumed to be complete when tided 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 maybe 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 AND PLACE A CONDITIONAL USE REQUEST SIGN
ON THE SUBJECT PROPERTY
Print Applicants Name Applicants Signature
The State of
County of
fore me(notary) °D ( on this day personally appeared(applicant) Lk6W
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 ,A.D.
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* * WMPUBUC
SFMOF F WCOW.EV0&01-2014 Notary In and For State of
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Print Property Owner's Name P perty O ne CY
The State of
County of
Before me(notary) on this day personally appeared (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 office this day of ,A.D.
Notary In and For State of
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ACKNOYMEDGEVEMN
,)
►l Condiflonal Use and Special Use Applications to 1 ete when filed and will be
placed on the li discretion the !
agenda, your application may be scheduled to t .
11 public headngs will be opened and testimony l 1l Interested citizenry. Public
continued hearings may be li c hearing. Public hearings will not be tabled.
Any changes to a site 1 minor or with !r ► use or
special use permit it through the public .
Any application r a change in i for an amendment to i ng ordinance shall ,
from the date of submittal, a period of four months to request and be scheduled on an agenda
before the Planning i Commission il. If after said r months an
application ! Commission it said application
considered ! with i all filing fees. The application, required
filing i time ► i on. Delays in !
applications 1 i ng and Zoning Commission i Council created by city staff
shall not be considered .
I have read and understand all of the requirements application ! ►
special or i that all requirements this li ti at the
time 1.
Signature of Applicant
Date ' r
Signature of Property Owner
Date 1
i
Biatwic,LLC
c/o Antony Bologna
520 S.Main Street, Suite 888B
Grapevine, TX 76051
Tel: 214.507.4899
May 10,2012
Development Services Depart
200 S. Main Street
Grapevine, TX 76051
Re: 520 S. Main Street, Grapevine, Texas, Illumination Plan for the Conditional
Use Request for 7-11
Dear Ron Stombaugh/Planning Department:
We do not at this time have an illumination plan. Currently there are electrical outlets to
front and north wall facades. I have met and worked with David Klempin regarding the
type of lights and fixtures to illuminate signage and building. We will be happy to
provide a site photometric survey after the installation of lights to insure that we comply
with the City's lighting standards.
Thank you for your consideration of our request.
Sincerely
Antony Bologna
1
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6
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ORDINANCE NO.
AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT I
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 CU12-21 FOR THE
POSSESSION, STORAGE, RETAIL SALE AND OFF-
PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES
(BEER AND WINE ONLY) IN CONJUNCTION WITH A
CONVENIENCE STORE IN A DISTRICT ZONED "CBD"
CENTRAL BUSINESS DISTRICT 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. 8273 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 CU 12-21 to allow the possession, storage, retail sale,
and off-premise consumption of alcoholic beverages (beer and wine only) in conjunction
with a convenience store (7-Eleven) in a district zoned "CBD" Central Business District
within the following described property: Lots 1 R, 2 and 313, Block 4, City of Grapevine
Addition (520 South Main Street, Suite 202) 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 forthe 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 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 21st day of August, 2012.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4