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HomeMy WebLinkAboutItem 05 - CU00-29 Hansom HanksITEM # PAZ #- 6' TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER044K H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: JULY 18, 2000 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION C000-29. HANSOM HANK'S I, ------------- --I Grapevine APPLICANT: Ron McFarland Lake Dove I Ra. I I I a I F I. H. �635 I COL Northwest PROPERTY LOCATION AND SIZE: I a ods P�� d C The subject property is located at 3613 Ira E. Woods Avenue and is platted as Lot 1 R, Block 1, Doil FW Hall -Johnson syu'so ADP t a Addition. The addition contains 1.64 acres. The - I T____ID o property has approximately 200 feet of frontage 76 Glade Rd. - m —I along Grapevine Mills Parkway, 225 feet of frontage along Ira E. Woods Avenue and 475 feet of frontage 3 along proposed Pool Road. REQUESTED ZONE CHANGE/CONDITIONAL USE AND COMMENTS: The applicant is requesting a revision to the approved site plan of CU98-17 (Ord. No. 98- 90) for a gasoline station and a convenience store with the possession storage. retail sale and off -premise consumption of alcoholic beverages (beer only) in conjunction with a convenience store and a 1,200 square foot freestanding car wash, specifically, to remove the car wash from the site plan. After CU98-17, fora freestanding car wash, was approved, the applicant realized that a car wash would not work this site because of engineering problems. The applicant subsequently paved over the proposed car wash site. 01nu/C000-29.4 July 10, 2000 (8:25AM) PRESENT ZONING AND USE: The property is currently zoned "HC", Highway Commercial District and is developed with a gasoline station and convenience store. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the properties to the east were rezoned in the 1984 Citywide Rezoning from "C-1" Neighborhood Business District to "HC" Highway Commercial District. A Specific Use Permit Z73-33 was granted in April of 1974 to allow off -premise consumption of alcoholic beverages on approximately two acres fronting Ira. E Woods Avenue. A Conditional Use Permit CU92-18 was approved for a gas station/convenience store and the sale of alcoholic beverages (beer only) for off -premise consumption. A Conditional Use Permit CU93-04 was approved for the subject property to amend the previous site plan and allow the addition of a canopy and physical changes to the existing floor plan. The property was also subdivided into two lots at this time. CU98-17 (Ord. No. 98-90) was approved in July 1998 for the provision of a freestanding car wash on the subject site. The car wash was not built. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: City of Southlake SOUTH: "HC" Highway Commercial District and "PO" Professional Office — vacant and Single Family Residences EAST: "HC" Highway Commercial District — Krispy Kreme Donuts WEST: "HC" Highway Commercial District — Vacant AIRPORT IMPACT: The subject tract is not located within any noise zone as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. MASTER PLAN APPLICATION: The Master Plan designates the subject property as Commercial. The proposed gas station/convenience store complies with this designation. THOROUGHFARE PLAN APPLICATION: The thoroughfare plan designates Ira E. Woods Avenue as a Type A Major Arterial, which 0:1zcu/0000-29.4 July 10, 2000 (8:25AM) requires a 100 -foot right-of-way to be developed with six lanes and a median. Pool road is designated as a Type B Major Arterial with an 80 -foot right-of-way with four lanes and a median. /Ci 0:/ZCu/C000-29.4 July 10, 2000 (8:25AM) ;B 14.60 it w 4R1A 1.00 O 5 E� J• SSR 59 TRACT 4R r/ CN TILLER 1" = 200' yoU�. 1 1 X23 3 CU86-07 HC TR 5A1A .094 Site Location 1111 1 P730-818 CSU 8-11TR 5A df1.9408 df 692 PO TR 5B 9.98 AC TR 5B5 \.272 vINE C APE PSA 7 1 15.216 OL CUOO-29 Hansom Hank's VINE T E X A S CITY OF GRAPEVINE CONDITIONAL USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION Name of applicant/ agent: 6)ok A&o Street address of applicant/ agent: •&47- btpD F eew ,moo a City/State//Zip/ Code of applicant/agent: C4'40 &o Z2 Telephone number of ap icant /agent: Faxnumber of applicant / agent: 91 7" Y, (e,O ©— —'� 4/ Applicant's interest in subject property: doo o W o -F P o PART 2. PROPERTY INFORMATION Street address off subject property (� � !� �• LJB (.7 U P Z� Legal description of subject property (metes & bounds must be described on 8 112"x 11 " sheet) C O � �G{i•�f!O Size of subject property Acres Square footage Present zoning classification: 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. /0Q'9J' 0 A Ao'e--nVe4 (00 Street address of property owner. r.. —10 1 to c C7 O -r Lo D City / State / Zip Code of property owner.- loa Z Z Telephone of property owner. Fax number of property owner.- /number ❑ 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, and Section 45.E. L�1 I ❑ 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. 1 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. ❑ f 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 Applicant's Name: W-100� ' M'Wl� The State Of -rr County Of r / Before Me ��n�.i4 �- 4' r e- 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 and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of The State Of _ County Of Before Me 4 lyZi ,- c� • /� r �' (notary) day of / r i 0-iZ A. D. �l LINDA S. RICE I•A..'Vi�l �I..t. . e.. Notary In And For�biate Of Texas My Commission Exl JUNE 18, 2002 on this day personally appeared " (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 expressed. (Seal) Given under my hand and seal of office this day of r Lc $L/A. D. e U LINDA S. RICE Notary Public, State of Texas JUNE 18, 2002 Notary In And For Mate Of Texas 3 "+t 3. RICE State of Texas -,; t • .:.y Commission Expires JUNE 18, 2002 The State Of _ County Of Before Me 4 lyZi ,- c� • /� r �' (notary) day of / r i 0-iZ A. D. �l LINDA S. RICE I•A..'Vi�l �I..t. . e.. Notary In And For�biate Of Texas My Commission Exl JUNE 18, 2002 on this day personally appeared " (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 expressed. (Seal) Given under my hand and seal of office this day of r Lc $L/A. D. e U LINDA S. RICE Notary Public, State of Texas JUNE 18, 2002 Notary In And For Mate Of Texas 3 North Texas Convenience Stores, Inc. d.b.a. Hansom Hank's • 1600 Airport Freeway, #500 • Bedford, Texas 76022 • (817) 868-7474 • Fax: (817) 355-1550 May 23, 2000 City of Grapevine Cindy Jackson 200 South Main ? 2P00 Grapevine, Texas 76099 Dear Mrs. Jackson, I am not going to build the car wash that was approved by the city council on July 21" 1998. The reasons are both my engineering and financial. I have completed most of the approved site plan other than the car wash building, like the extra parking, landscape, sprinkler system, and relocated the dumpster to the back of the property. It is my request that the council approve this site plan without the car wash building. If I can provide any additional information please let me know. Respectfully Ron McFarland 6�_,, �;,/,-- � 21 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 CU00-29 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 98-90 FOR A GASOLINE STATION AND A CONVENIENCE STORE WITH THE POSSESSION, STORAGE, RETAIL SALE AND OFF -PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER ONLY) AND A CAR WASH, SPECIFICALLY TO REMOVE THE CAR WASH IN A DISTRICT ZONED "HC" HIGHWAY 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 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 ORD. NO. 2 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, an 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 No. CU00-29 to amend the site plan approved by Ordinance No. 98-90 for a gasoline station and a convenience store (Hansom Hank's) with the possession, storage, retail sale and off -premise consumption of alcoholic beverages (beer only) and a car wash, specifically, to remove the car wash from the site plan in a district zoned "HC" Highway Commercial District Regulations within the following described property: Lot 1R, Block 1, Doil Addition (3613 Ira E. Woods Avenue) 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. ORD. NO. 3 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 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 ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of July, 2000. APPROVED: ATTEST: ORD. NO. 4 APPROVED AS TO FORM: ORD. NO. mei u L • -WM69 -.LT .v��rRes • o � M.] CM, Lm z O u 14 QO W L1 m N KCI -9H (4T9) ZTT94 SYS$b 'MMOY d80d 102 S.WIIS 'Otl9N 9IYAS 000➢1NSU9 0099 Sai'VIOOSSV �? 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