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HomeMy WebLinkAboutItem 02 - CU12-41 7-Eleven/I/' rrEan # .2 ILL? TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE SUBJECT: -, I I Grapevine JANUARY 15, 2013 DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU12 -41 7- ELEVEN APPLICANT: Brian Nebel PROPERTY LOCATION AND SIZE: The subject property is located at 1700 State I.H. 1635 Highway 26 and proposed to be platted as Lot 2R1, Block 1, Grapevine Mills Addition, Phase 2. The site has approximately 117 feet of frontage along State Of Highway 26 and 301 feet of frontage along Bass Pro Drive. i st DFW > Y Hall-Johnson lurp °rt ;� I a I Glade Rd. o I ! F c O REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a Conditional Use Permit to amend the previously approved site plan of CU99 -64 (Ord. 99 -175) for a planned commercial center in excess of 1.000,000 square feet of gross leasable area, specifically to allow gasoline services, the possession storage, retail -sale, and off - premise consumption of alcoholic beverages (beer and wine only) and a monument sign with changeable copy in excess of 30% in coniunction with a convenience store. The applicant intends to construct a new 3,010 square -foot 7- Eleven convenience store with gasoline sales and beer and wine sales. One monument sign 96 square -feet in size, and nine -feet in height with changeable copy in excess of 30 %, is proposed along State Highway 26. Total required parking for the proposed use is 21; there are 23 provided. 0:1ZCLACU12 -41.4 1 January 10, 2013 (9:06AM) PRESENT ZONING AND USE: The property is currently zoned "CC" Community Commercial District with a planned commercial center in excess of 1,000,000 square feet designation. This project is a Phase 2 development of the Grapevine Mills Mail. HISTORY OF TRACT AND SURROUNDING AREA: The subject property was rezoned from 1 -1" Light Industrial District to "PID" Planned Industrial Development District during the 1984 City Rezoning. Zone Change Z85 -11 (Orel. 85 -64) changed the zoning to " HCO" Hotel /Corporate Office District for an industrial park development. Zone Change Z89 -02 (Ord. 89 -21) and Conditional Use Request CU89 -01 (Ord. 89 -22) rezoned a 13.45 acre tract of the subject property to " PCD" Planned Commerce Development for the purpose of constructing an auto rental /leasing facility, commercial parking lot, auto washing and detailing service, and a vehicle lubeloil service which never materialized. CU97 -60, CU97 -61 and Z97 -22 were all approved at the November 18, 1997 joint public hearing and established the Bass Pro/Embassy Suites project. Z97 -22 rezoned the property from "PCD" Planned Commerce Development District and "HCO" Hotel/Corporate Office District to "CC" Community Commercial District; CU97 -60 and CU97 -61 established Bass Pro Shops Outdoor World and Embassy Suites, respectively. These cases also established Bass Pro/Embassy Suites as a Phase 2 development of the Grapevine Mills Planned Commercial Center. CU98 -25 (Ord. 98 -77) and SU98 -09 (Ord. 98 -78) were both approved at the June 16, 1998 joint public hearing and allowed for an increase in building square footage, a revised restaurant floor plan, revised signage elevations and the establishment of six billiard tables all associated with the Bass Pro Development. Conditional Use Request CU98 -73 (Ord. 99 -13) amended the previously approved site plan by specifically revising the building footprint, building elevations, and landscaping plan; allow for a boat canopy at the northwest corner of the building, provide for a boat and recreational vehicle storage area, increase the restaurant seating, provide for additional parking, realign the entrance drive, and provide for the addition of exterior architectural features. Conditional Use request CU99 -35 (Ord. 99 -114) amend the approved site plan of CU98 -73 (Ordinance 99 -13) for a Planned Commercial Center in excess of 1,000,000 square feet of gross leasable space specifically to change the boat and RV storage area at the north end of the site to parking, to change a portion of the parking area to the west of the building to a boat staging area, to make minor curb modifications to islands at the north entrance from S.H. 26 and the main entrance from Bass Pro Drive, to widen the drive in front of the main entrance to the Bass Pro building, to add an additional monument sign at the east entry drive from the S.H. 121 service road entrance, and add 28 parking spaces at the south end of the site. Conditional Use Request CU99 -64 (Ord.99 -175) approved at the December 7, 1999 meeting allowed the development of Colter' s Bar -B -Q Restaurant with drive through with the possession storage, retail sale and on- premise consumption of alcoholic beverages (beer, wine and mixed beverages) and the development of a convenience store with gasoline sales and the possession storage and retail sale and off - premise consumption of alcoholic beverages (beer and wine only). The Site Plan Review Committee on April 28, 2000, the Site Plan 0:IZWCU12 -41.4 2 January 7, 2013 (2:OOPM) Review Committee approved Conditional Use Request C000 -20 which provided for revisions to the exterior materials and the floor plan for Colter' s Bar -B -Q. At the September 21, 1999 meeting on the property west of the subject site 52.8 acres was rezoned from "PID" Planned Industrial Development District to "CC" Community Commercial District Z99 -13 (Ord. 99 -141) for a mixture of uses to include retail, hotel, and restaurant development. At the May 15, 2001 meeting Council approved a conditional use permit CU01 -22 (Ord. 2001 -41) for a restaurant with on- premise alcohol beverages sales and consumption and outside dining however the restaurant was never developed. At Council's August 1, 2009 meeting, a zone change (Z09 -04) rezoning 21.2 acres west of the subject site from "CC" Community Commercial District to "MXU" Mixed Use District along with three conditional use requests (CU09 -21, CU09 -22, and CU09 -23) to allow for three hotels, a multifamily complex and a stand -alone parking garage was considered and later withdrawn by the applicant. The following month at the September 15, 2009 meeting, Council approved a conditional use request (CU09 -32) to allow for a 300 room hotel with increased height and on- premise alcohol beverage sales in conjunction with a restaurant and a pole sign; the hotel was never developed. Conditional Use Request CU 11 -34 (Ord. 12 -02) was approved at the January 17, 2012 meeting to allow for the development of a hotel with the possession, storage, retail sale and on- premise consumption of alcoholic beverages (beer, wine and mixed beverages) in conjunction with a restaurant, an increase in height, outdoor speakers and a 20 -foot pylon sign. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: " HCO," Hotel /Corporate Office District, " CC," Community Commercial District - D /FW Hilton, Grapevine Mills Mall SOUTH: "GU," Governmental Use District - D /FW International Airport EAST: "CC," Community Commercial District - State Highway 121, Comfort Suites, Ramada Limited. WEST: " CC," Community Commercial District -- portions under construction AIRPORT IMPACT: The subject tract is located within "Zone C" Zone of Greatest Effect as defined on the "Aircraft Sound Exposure: Dallas /Fort Worth Regional Airport Environs" map. Industrial and commercial uses that can tolerate high levels of sound exposure are appropriate in "Zone C ". The proposed convenience store is appropriate in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Commercial land use. The proposed convenience store complies with the Master Plan. 0:IZCUICU12.41.4 3 January 7, 2013 (2:00PM) TR TR 5 14.410 AC I, I.➢36AC GR9'01%0 vso '[H -B` 31, ZB 9H Z$99N �c r..1FR 5A 116 AC TR A (4.9tl AC) 17.99@ D F 9583 HVO . IR ZA2A 10 1A 21.86 GRp4 1 tl_132 � 2.327 CU 12-41 7- Eleven ?�pSE % V; 27.153 4 1.258 1 1.0258 PART 1. APPLICANT INFORMATION Applicant Name: I Brian Nebel (for 7 Eleven, Inca Applicant Address: 15413 Sonoma Drive City/State /Zip [Fort Worth, TX 76244 Ca 0- /-11 Phone No. 469 -265 -5923 Fax No. Email Address Mobile Phone Applicant's interest in subject property PART 2. PROPERTY INFORMATION Street Address of subject property I Moo S+CL+e 4,w-q a 1312-423-1301 1469-265-5923 Legal Description: Lot Block Addition Grapevine Mills Addition, Phase 2 Legal description of subject property (metes & bounds must be described on 8112" x 11" sheet Size of subject property: acres square footage Present zoning classification 1C7C Community Commercial Distric Proposed use of property [Convenience store with motor vehicle fuel and beer /wine sales R ` Zoning ordinance provision requiring a conditional use Zoning Ordinance Section 25.C. 4., and Section 48 - Conditional Use Permits PART 3. PROPERTY OWNER INFORMATION Property Owner JFloricla Bethel, Ltd. Prop Owner Address 112225 Greenville Avenue, Suite 440 city/State/Zip Dallas, TX 75243 Phone No. 214 360 1000 Fax No. 214 3601010 • 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 tm7l� of other property in the neighborhood. Also, describe how the proposed conditional use will add to the valuein the neighborhood• Application of site plan approval (Section 47, see attached Form O). ❑ The site plan submission shall meet the requirements of Section 47, Site Plan Requirements. • AN conditional use and conditional use applications are assumed to be complete when fried and will be placed on the agenda forpublic hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. • AN 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 OPA-tq Print Applicant's Name Applicant's Signature The State of ar County of 1 [ ewi, A,, Before me (notary) 'Te Yt Iv Zt� on this day personally appeared (applicant) ve,' 1 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 �4 L, 5y 1, , A.D. All4pNY Apr JEFF HEAL Notar Public _ = y , Sta to of Texas :Po€ Commission Expires November 02, 2013 O 3y Notary In and For State of -T e X Co FlOrIAL -115)etlf� ad. iAL— / V1 �e-freS7 dep Print Property Owner's Name roperty Owner's Signature The State of I Ex County of ,� Iz G Before me (notary) m�H 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 T , A.D. e�'-4 1,;2 6E orn S scion Expire My Commission Expires � August 1 g, 2014 !/ Notary In and For State of I�, 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. 1 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 Signature of Property Owner Date Avps+ 6, zd rz 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 -41 AMENDING THE SITE PLAN APPROVED BY ORDINANCE NO. 99 -175 FOR GASOLINE SERVICE, MONUMENT SIGN WITH CHANGEABLE COPY AND 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 "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 faciiities; 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 heaith 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 ORD. NO. 2 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: 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 -41 to amend the previously approved site plan of Ordinance No. 99 -175, as amended, for a planned commercial center in excess of 1,000,000 square feet of gross leasable space specifically to allow gasoline services, a monument sign with changeable copy in excess of 30% and 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 "CC" Community Commercial District Regulations within the following described property: Lot 2R1, Block 1, Grapevine Mills Addition Phase 2 (1700 State Highway 26) 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 ORD. NO. 3 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 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 15th day of January 2013. APPROVED: ATTEST' APPROVED AS TO FORM: ORD. NO. 4