HomeMy WebLinkAboutItem 02 - CU00-76 Burger King(',C) ITEM * -.2 i / 7
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TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSIONERS
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FROM: ROGER NELSON, CITY MANAGER ���
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES 7--
DATE:
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DATE: FEBRUARY 1, 2000
SUBJECT: CONDITIONAL USE APPLICATION CU99-76 BURGER KING
RECOMMENDATION
Staff recommends the Planning and Zoning Commission and the City Council consider
the applicant's request to table Conditional Use Application CU99-76 until the February
15, 2000 joint public hearing, and take any other action necessary.
BACKGROUND INFORMATION
Staff has received a request to table the above referenced application from the
applicant due to possible changes to the site plan and building elevations. See the
attached letter.
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0:\ZCU\CU99-76.41
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER R/
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU99-76
-- — — — — — — — — — —
----------- -- APPLICANT:
Grapevine
Lake
Do's
2�
Robert Schneeberg
kI 1,H.:1635
PROPERTY LOCATION AND SIZE:
f'- — F The subject property is located at 401 State Highway
114 East and is proposed to be platted as Lot 3,
Block A, Trinity Industries Addition. The lot contains
DFW
Hall -Johnson Airport 40,425 square feet. The property has 148 feet of
frontage along the Frontage Road of State Highway
Glade Rd. 114 East and 138 feet along Capitol Street.
2
9
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to allow the development of a drive
through restaurant (Burger King) and a 40 -foot pole sign along the frontage road of State
Highway 114 East.
The applicant is proposing to develop a 4,039 square foot Burger King Restaurant with a
drive through on Lot 3. The proposed 40 -foot pole sign has a gross surface area of 174
square feet. An additional 20 -foot pole sign with a gross surface area 78 square feet is
proposed along Capitol Street. This same request (CU97-02; Ord. 97-25) was considered
and approved at the March 18, 1997 joint public hearing however the applicant allowed the
conditional use permit to expire.
0AZCU\ClJ99-76.4 1 January 25, 2000 (3:06PM)
PRESENT ZONING AND USE:
The subject property is currently zoned CC, Community Commercial and is undeveloped.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property was rezoned in the 1984 City Rezoning to PCD, Planned Commerce
Development. Zone Change Z87-17 approved the existing CC, Community Commercial
District. The property has remained undeveloped except for Grandy's Restaurant and
Kinko's Copies.
The Chevron/McDonalds and properties to the north were rezoned from S -P, Site Plan
zoning and C-2, Community Business to CC, Community Commercial and PO,
Professional Office in the 1984 City Rezoning. The Chevron and McDonald's Restaurant
have been located on the subject property for a long time. The Chevron was renovated
in 1990 in accordance with CU90-05. CU96-16 approved the redevelopment of the
Chevron/McDonald's property allowing a convenience store with gasoline, off -premise
alcoholic beverage sales, and a car wash in conjunction with a restaurant. CU96-27
approved a 40 foot pole sign.
Grandy's Restaurant developed in 1987 and was required to rezone from PCD, Planned
Commerce Development to CC, Community Commercial due to the minimum two acre lot
size. The PO, Professional Office District area has not developed on the east side of
South Main Street. The First National Bank of Grapevine was recently rezoned from PO,
Professional Office to HC, Highway Commercial for expansion of the Payton -Wright
Dealership onto their property. The property to the south was rezoned from PID, Planned
Industrial Development to CC, Community Commercial. The property has developed as
the Super 8 Motel, National Tire Warehouse, Schlotzsky's Restaurant and Salt Grass
Steakhouse.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "PO" Professional Office District - Baymont Motel
SOUTH: "CC" Community Commercial District - Salt Grass Steakhouse,
National Tire Warehouse and Super 8 Motel
EAST: "CC" Community Commercial District and "PCD" Planned Commerce
Development District - Kinko's and undeveloped
WEST: "CC" Community Commercial District - Grandy's
0:\ZC1J\C(J99-76.4 2 January 25, 2000 (3:06PM)
The subject tract is located within "Zone A" Minimal Zone of 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 proposed restaurant
is an appropriate use in this noise zone.
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0:\ZCU\CU99-76.4 3 January 25, 2000 (3:06PM)
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CITY OF GRAPEVINE
CONDITIONAL USE PERMIT APPLICATION
FORM "A"
1. Applicant/Agent Name 0 V— )JC C, T?, e
-Z,
Company Name - �242�4 ) 4 9 f4 C- E,ks e"P--
Address— �,5oo 65��z C- EN V I L-- L- E- (,5,
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City k- State TX zip Z 0
Phone # 2 I 2X I L4 PO 0 Fax # 21 \r0q t y 73-7
2. Applicant's interest in subject property V-1 L-- N 6 ri C
iD-2X
3. Property owner(s) name ) L —i
Address L4-1 N, tj kr e p 7
City L_ L
V State 1 X zip
Phone # 1-1� Fax # t 1-7 6 - 7-7S
4. Address of subject property A -,r 60 —
Legal Description: Lot Block Addition
Size of subject property q -L QC" 0 — acres H C) -1 ti Z s— square foot
Metes & Bounds must be described on 8 Y2 "x 11" sheet
5. Present Zoning Classification
6. Present Use of Property \�
7. Minimum/Maximum District size for conditional use request , ) -2--)10 Coo
8. Zoning ordinance provision requiring a conditional use.`TKL-Kl 'JI(.i,4 Alvt-->
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1 399
9. Submit a letter describing the proposed conditional use and note the request on the site plan
document.
10. In the same letter, describe or show on the site plan, and special requirements or conditions
imposed upon the particular conditional use by applicable district regulations (example: buffer
yards, distance between users).
11. 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.
12. Application of site plan approval (Section 47, see attached Form "B").
13. The site plan p-1Xsubmission shall meet the requirements of Section 47, Site Plan Requirements, ad
Section 45.E.
Effect of Conditional Use
All Conditional Use and Special Use Applications are assumed to be complete when filed and will be placed on the
G
Benda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be
v
cheduled 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.
l have read and understand ail 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.
14. Signature to authorize a conditional use request and placing a conditional use request sign on the
subject property.
Applicant (print
Applicant signz
Owner (print):
Owner signatui
�zcu\forms\appcu-�r
vw.ci.grapevine.tx.us
5/99
The State of
County of
B fore me on this 'day personally appeared
known to me (or proved to me on the oath of
0 or through (description of
identity 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.
Given under my hand and seal of office this q J day of A.D. (q7�
SEAL (D- C-- & L,—
Notary Signature
The State of - WAS
County of
I $YA
P, on this day personally appeared
fore me C 0 A Y1 i ,/., DD. key
(
I—D i Le Lul W' known to me (or proved to me on the oath of
I or through (description of
identity card or other document) to be the person whose name is s,ubscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this CTK day of ?A.D. H9
SEAL
Notary Sign fur6
CONNIE SPIKES
Notary Public. State of Texas
Notary
Public,
St
My Commission Expires
o:zcu\forms\appcu-sp =12-16-2001 4
www.d.grapevineAx.us 5/99
P, on this day personally appeared
fore me C 0 A Y1 i ,/., DD. key
(
I—D i Le Lul W' known to me (or proved to me on the oath of
I or through (description of
identity card or other document) to be the person whose name is s,ubscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this CTK day of ?A.D. H9
SEAL
Notary Sign fur6
CONNIE SPIKES
Notary Public. State of Texas
Notary
Public,
St
My Commission Expires
o:zcu\forms\appcu-sp =12-16-2001 4
www.d.grapevineAx.us 5/99
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 Aor major) approved with a conditional use or a
special use permit can only be approved by city council through the public hearing process.
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 the time of submittal.
Signature of Applicant
ate: Po
Signature of Owner
Date: l � �cc,
-cuWorms\appcu-sp
w.ci.grapevineAx.us
5/99
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 CU99-76 TO
DEVELOP A RESTAURANT WITH A DRIVE THROUGH
WINDOW AND A FORTY FOOT POLE SIGN 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, an is in the best interest of the public
ORD. NO. 2
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 •' BY THE CITY COUNCIL OF THE CITY •
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. CU99-76 to develop a restaurant with
a drive through window and a forty foot pole sign in a district zoned "CC" Community
Commercial District Regulations within the following described property: Lot 3, Block A
(401 State Highway 114 East) 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 "N',
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.
ORD. NO. 3
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 1 st day of February, 2000.
ATTEST:
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CASE NUMBERS CU.
401IMSTATE HIGHWAY 114 EAST
APPROVED BY THE CITY OF GRAPEVINE
MAYOR
CITY SECRETARY
DATE
CHAIRMAN
PLANNING AND ZONING COMWSStON
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U TS. AWL K OEAOEDI, MStAUm AND orolATEn >b VMIAAa NN00[
&&ACT ON AMROUDHO PRWV M ALL AKN OOUPWW AWL K
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CNN" 2% SEC 2144 100 U" OF WE WAPEYNE CODE OF
ORWUMCLi LSM 47AM4
LOTS 3, BLOCK A
may MlDUmcs ADDITION
TITLE SHEET
SITE PLAN 1 OF 6
CASE NUMBERS CU.
401IMSTATE HIGHWAY 114 EAST
APPROVED BY THE CITY OF GRAPEVINE
MAYOR
CITY SECRETARY
DATE
CHAIRMAN
PLANNING AND ZONING COMWSStON
DATE.-
AMHOYK DOES NOT MEIN00Az AMT NOAK M C00f=
zip" AYT Cato OR ORONAMCES
MUNNOEt K 00CAPMENT SLYKES
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lwl% R
BURGER KING
SITS PIAN
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IM 3. BLOCK A. TRHaTr 1NDQSTRTES ADDITION
KmAw K mff
ELN: .NR"07� sow
0
Y
���"`
r�
i
6:
0
..............
Mal N+.l
warlpYOKl
tat
REAR ELEVATION
2--
1 ..-
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9�1 A
4M-THRU ELEVATION
0
&MAIN ENTRANCE ELEVATION
MAIN
/// I // Ilsl///
----
........ .i
Ila=
MENOTES,
-----------
MIN rr
00-rrrrw
rrr rr
W010
■. �„
1000
. —M
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- - - - - - - - - - -
..............
Mal N+.l
warlpYOKl
tat
REAR ELEVATION
2--
1 ..-
cocun
9�1 A
4M-THRU ELEVATION
0
&MAIN ENTRANCE ELEVATION
MAIN
/// I // Ilsl///
L IUKD04'ss MASOWE
2. ALL OF ZWNG OWKWE WC" K
904 $INCA!M IrALL- K MET JrY IM KMWWKMt
LOTS 3. BLOM A
TRINITY OWSTMES AM71ON
TITLE SHEET
BURIANG ELEVATIONS t 4 OF 6
CASE NUMBERS
321 STATE HIGHWAY 114 EAST
APPROVED BY THE CITY OF GRAPEME
MAYOR
CITY SECRETARY
DATE.*
CHAIRMAN
PLANNING AND ZONING COMMISSION
DATE.
pprRom 0=3 oat Auwonn Nff a 24 CowtACT
"I" M cum M 01C.".0m
OWMr-Off OF MDAPaW scram
----
........ .i
Ila=
MENOTES,
-----------
L IUKD04'ss MASOWE
2. ALL OF ZWNG OWKWE WC" K
904 $INCA!M IrALL- K MET JrY IM KMWWKMt
LOTS 3. BLOM A
TRINITY OWSTMES AM71ON
TITLE SHEET
BURIANG ELEVATIONS t 4 OF 6
CASE NUMBERS
321 STATE HIGHWAY 114 EAST
APPROVED BY THE CITY OF GRAPEME
MAYOR
CITY SECRETARY
DATE.*
CHAIRMAN
PLANNING AND ZONING COMMISSION
DATE.
pprRom 0=3 oat Auwonn Nff a 24 CowtACT
"I" M cum M 01C.".0m
OWMr-Off OF MDAPaW scram
t
IE
0
9
F�...—
DRIVE
TIM
i
SOUTH FRONTAGE DIRECTIONAL SIGN
DRIVE
i TNRU
NORTH FRONTAGE DIRECTIONAL SIGN
COME
;i YOU GAIN
`a
WEST ACCESS THANK YOU SIGN
* DOMMONAL SKN CASINE! W)OTN . 4.3.
SOUTH FRONTAGE
POLE SIGN
12x!2
BURGER NORTH FRONTAGE
AKING POLE SIGN
8x8
�
o K Ng�G
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• � MWO MOM M[A•M>O.R ,
LOCO SIGFI
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AMPERAGE 11tH 10.!M
0• '
Wurro+�• (111s«Rvrwli
AISrT SA rxP 2<aiRp
(1) 1SORp Ckuk (/I 15 Mlp Ci -A _
• fACES !, Ur 1 PC
DMAEN N5: A
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40 NAX.: 2p•
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Or< • PREEVW RT
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L ALL RCOLgEM" Or SONM b " AMATO" WALL VE MEL
LOT 3, BLOCK A
TRINITY INDUSTRIES ADDITION
7ME SHEET
BURGER IONG SIGNAGE PLAN 6 OF 6
CASE NUMBERS 'r.:,
321 STATE HIGHWAY 114 EAST
APPROVED BY THE CITY OF GRAPEV04E
MAYOR
CITY SECRETARY
DATE;
CHAIRMAN
PLANNING AND ZOMNO COML41SSM
DATE
APPMOL CM MDT Mf1110F= WY WORK M W&=
MM MY COM OR 04DftA4 i
WARM W Or wvma%eQ mt"=