HomeMy WebLinkAboutItem 05 - CU09-35 Bank of the West CC/ ITEM # f
TO: HONORABLE MAYOR, CITY COUNCIL It R AND THE
PLANNING AND ZONING COMMISSION
FROM: BRUNO RUMBELOW, CITY MANAGER\
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: OCTOBER 20', 2009
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU09-35
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Grapevine co?. APPLICANT: Sean Faulkner- GSWW
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N. St PROPERTY LOCATION AND SIZE:. jk
E-- , ? The subject property is located at 108 W. Northwest
Iwo ' Highway, and is platted as Lot 1, Elliott's Hardware
Hall-Johnson Sy060 ADP t Addition. The addition contains 4.568 acres and has
approximately 192 feet of frontage along Northwest
--- _ ° _ Highway and 603 feet of frontage along North Main
m Glade Rd. d I _
Street.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the previously approved site
plan of CU06-41 (Ord.06-76) for a drive through bank facility, specifically to extend
approval of a temporary bank facility to October 20, 2012.
With this request the applicant intends to utilize the temporary building for a period not to
exceed three years and house the mortgage branch of the bank in the building. The
subject site is developed with a three story bank with drive-through (Bank of the West)and
a single story former temporary bank with drive-through. Please see the attached letter.
At the December 20, 2005 meeting, Council approved conditional use permit CU05-63
(Ord.05-101) for a 3,366 square foot temporary structure for Bank of the West at the
subject site with occupancy of the temporary bank set to end by April 30, 2008 and a
possible extension of six months if necessary. It was understood at that meeting that once
the permanent bank structure was built and occupied, the temporary structure would be
O:/ZCU/CU09-35.4 1 October 12,2009(12:33PM)
removed to a location outside the City. At the August 18, 2009 meeting the applicant
requested a conditional use permit (CU09-35) to establish a planned office center and
make the temporary bank facility a permanent office building. The applicant presented an
alternative idea to utilize the structure as an office building by removing all the drive-
through lanes along with other minor modifications to the exterior facade. During the
meeting the applicant petitioned to table the case and later withdrew it.
PRESENT ZONING AND USE:
The property is currently zoned "HC" Highway Commercial District and occupied by the
Bank of the West's three-story bank building with four drive-through lanes and a temporary
bank facility.
HISTORY OF TRACT AND SURROUNDING AREA:
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. In 1991 CU91-07 was approved fora 22,300
sq.ft. retail store expansion proposed to the west side of the existing building for outside
bulk storage. CU92-07 was approved in June 1992, allowing for outside storage and the
widening of the drive around the addition (Ord. No.92-29). Banyon 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 approved on-premise sales of alcoholic beverages 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. Conditional Use Request CU05-63, approved on the subject site at
the December 20, 2005 meeting, allowed for a temporary bank facility with four drive-
through lanes and an ATM drive-through lane. The approval included a removal date of
April 2008 along with a possible six month extension if necessary. Conditional Use
Request CU06-41 was approved on the subject site at the October 17,2007 meeting which
allowed for a permanent bank building with drive-through service and a planned
development overlay to deviate from the front and side yard setback requirements and
height regulations. Conditional Use Request CU08-24 was approved at the October 21,
2008 meeting which allowed for an expansion to the existing VFW Post#10454 located to
O:/ZCU/CU09-35.4 2 October 12,2009(12:38PM)
the north of the site. Conditional Use Request CU09-08 was approved at the May 19,2009 .
meeting which allowed for an expansion to an existing restaurant(Back Porch Grill)located
to the east of the site. Conditional Use Request CU09-35 was tabled at the August 18,
2009 meeting and later withdrawn.
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: "I-IC" Highway Commercial District—Grapevine Shopping Center
AIRPORT IMPACT:
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.
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X09-35
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1(-,) CITY OF GRAPEVINE
CONDITIONAL USE APPLICATION
Form "A
PART 1.APPLICANT INFORMATION
Name of applican1(agempany/contact
GSWW,a division of Burgess&Niple-Sean Faulkner
Street address of applicant agen:
3950 Fossil Creek Blvd,Suite 210
City/State/Zip Code of applicant agent:
Fort Worth,Tx 76137
Telephone number of applicant agen: Fax Fax number of applies .agen
817-306-1444 817-306-1555
Email address of applic: agen Mobile phone number of applicant/agent
sfaulkner @bumip.com
Applicants interest in subject property:
Agent of Owner
PART 2. PROPERTY INFORMATION
Street address of subject property
108 W.Northwest Highway
w Legal description of subject property(metes&bounds must be described on 81/2 x 11 sheet)
Lot 1-2 Block 1 Addition Bank of the West Addition
Size of subject property
4.568 Acres Sfruare footage
Present zoning classification: Proposed use of the property:
HC Office/Commercial
Minimum/maximum district size for conditional use request
Zoning ordinance provision requiring a conditional use:
53.H.2.a Perimeter Landscaping
PART 3.PROPERTY OWNER INFORMATION
Name of current property owner:
Bank of the West
Street address of property owner:
108 W.Northwest Highway
City/State/Zip Code of property owner:
• Grapevine,TX 76051
Telephone number of property owner: Fax number of property owner:
817-310-3555 817-421-4719
SEP 1 8 1009
Cuo -35
❑ Submit a letter describing the proposed conditional use and note the request on the site plan document
O 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)
O 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.
O Application of site plan approval(Section 47,see attached Form•B).
O The site plan submission shall meet the requirements of Section 47,Site Plan Requirements. •
O 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.
O 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.
O 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 aff 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
Sea -i Colo er r.:1\--
Print Applicants Name: Applicants Signature:
The State of Tt' S
County Of T°l✓'�n—t- JJ ['
Before Me on this day personally appeared 7-ec1h f.,tA/A4
(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.
tt`-
(Seal)Given under m hand and seal of office this 1 day of Se,o l,-. k ,A.D. 2-°C)
ygti''�j DANIELLE BRAMLETT 0 II
l*i MY COMMISSION EXPIRES ►ii .
i r, De 10,2011 �LndFOrSla t exas
. i 1 r-ANt.. 1 i.44.. Loevt ‘,..,:x____4:2).„__
Print Property Ciwneis Name: Property Owners Signature:
The State O _
County Of G✓Ah J/ co
Before Men— •t '"�� 0 7 on this day personally appeared _j ✓�/�✓
. (rtdtary) (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 tome that he executed the same for the pu ••ses and • s feretion herein eexpessed.
(Sea°Given under my hand and seal of office this da o !..r A.D.
TANYA S.ALVAREZ ,I / v '• O
fliks., MY COMMISSION EXPIRES
f September 22,2010 Nota n And F•1 State Of T= as
'401,,'•V gli
SEP 1 0 20
ACKNOWLEDGEMENT 205:9
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
-
1 q/
Date: �S3/zoo1
Signature of Owner
Date:
GO 09.-35
BANK°f heWEST
Mike Pearce
Corporate President S E P 1 E 2009
September 15, 2009
Honorable Mayor
Members of the City Council
And Planning and Zoning Commission
City of Grapevine
PO Box 95104
Grapevine, Texas 76051
On December 20, 2005, Bank of the West was given approval for a
Conditional Use for a temporary bank building. Bank of the West submitted a
letter stating that we would remove the building upon completion of our
permanent building, estimated at that time to be April 30, 2008, viti1 a
possible six month extension until October 30,2008.
Upon the completion of the permanent facility, Bank of the West actively
pursued selling the temporary building, but was unable to do so in the current
economic climate. Recently, an opportunity has been presented for us to move
our mortgage branch into this facility. We see this as an excellent use for the
building until the conditions become more favorable and we can sell the
structure and have it removed from the site.
Bank of the West therefore respectfully requests favorable consideration of
our application to allow the temporary facility to remain on the property for a
period of up to three years from the date of the public hearing.
Sincerely,
Mike Pearce
108 West Northwest Highway•Grapevine,Texas 76051•817.310.3555
File #: CUO9-35
BANK OF THE WEST
WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER
THAN 5 PM ON MONDAY. OCTOBER 19, 2009
Procedure to Respond:
As a Property Owner within 200 feet of the subject tract) or (an interested citizen), I
(ap•rove k%•rotest) and/or(have the following comments)
--V4,aA)--e_ orAtoro tf-jc4-i reorA___Q-4±
Current Property Owner(printed) OM / `• c -�'1 r c
party (P ) icb2f
Property Address: 1 0 — 1 a ( S i(Y)(/ 1'1
Arclutra
Lot Block � w ,Addition I1C� i,-, ) 11), i L r a, 14 4-
7
Property Owner Signature: < sta
Property Owner Name(printed): s. i
Daytime phone number: r 3— 4-1--
Telephone: (817)410-3155 fax: (817)410-3018
Direct questions and mail responses to:
Planning Secretary
Department of Development Services
City of Grapevine
P.O. Box 95104 OCT 1 4 2009
Grapevine, Texas 76099
7
e)tA°
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, 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 CU09-35 TO AMEND THE SITE PLAN APPROVED
BY ORDINANCE NO. 2006-76 TO EXTEND APPROVAL OF A
TEMPORARY BANK FACILITY IN A DISTRICT ZONED "HC"
HIGHWAY COMMERCIAL 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. 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 Agolot
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 CU09-35 to amend the site plan of CU06-41
(Ordinance No. 2006-76)for a drive through bank facility, specifically to extend approval of
a temporary bank facility to October 20, 2012 in a district zoned "HC"Highway Commercial
District, 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. 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
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 20th day of October, 2009.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4