HomeMy WebLinkAboutItem 03 - CU04-29 Sam's ClubTO:
FROM:
MEETING DATE:
SUBJECT:
Hall -Johnson
Grapevine
CC ITEM it 3 . l
HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
ROGER NELSON, CITY MANAGER
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES`,
SEPTEMBER 21, 2004
DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU04-29
I.H.
APPLICANT: Jeffery Wooten
PROPERTY LOCATION AND SIZE:
Cn The subject property is located at 1701 West State
Highway 114 and is proposed to be platted as Lot 1,
A'Drport Y Block 1, WalFW -Mart Addition. The addition contains
17.49 acres.
Rd.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to amend the previously approved site
plan of CU01-71 (Ord. 02-09) for a planned commercial center specifically to allow the
addition of a car wash to the site.
The applicant proposes the addition of a two -bay, fully enclosed, automated car wash near
the existing fuel center. Although there will be a reduction in parking due to the
development of the car wash, the site still exceeds the minimum parking requirements by
131 spaces.
PRESENT ZONING AND USE:
The property is currently zoned "CC" Community Commercial District and is developed as
a Sam's Club.
R:\AGENDA\09-21-04\CU04-29.4.doc 1 September 16, 2004 (1:29PM)
HISTORY OF TRACT AND SURROUNDING AREA:
The eastern portion of the subject property as well as those surrounding areas to the north
and south were rezoned in the 1984 City Rezoning from 1-1 Light Industrial district to "LI",
Light Industrial District. The western portion of the subject site was rezoned from 1-2",
Heavy Industrial District to "LI", Light Industrial District at that time. SU97-03 approved the
installation of a 35 -foot telecommunications tower with the accompanying equipment
cabinet in February 1997. It was not installed and the special use permit expired. CU95-
14, approved in June 1995, provided for the development of mini -storage warehouses with
outside storage to the north of the subject site. CU95-25, approved in. November 1995,
revised the site plan of the mini -storage warehouse facility and the fagade of the
accompanying office building. CU99-67 (Ord. No. 99-177) for a planned commercial center
was approved for the property to the south on December 7, 1999. CU00-65 (Ord. No. 01-
03) was approved in January 2001, providing for the development of Lots 2, 3 and 7 as
well as amending the landscape plan for the site. CU01-17 (Ord. No. 01-32) was
approved in April 2001, allowing for the development of Lots 5 and 6 with an Academy
Sports store. CU01-56, approved in October 2001, allowed the possession, storage, retail
sale and on -premise consumption of alcoholic beverages (beer, wine and mixed drinks)
in conjunction with a restaurant located on Lot 2. At the January 15, 2002 meeting,
Council approved a zone change (Z01-19) rezoning approximately 41 -acres from "LI" Light
Industrial District to "CC" Community Commercial District and a conditional use permit
(CU01-71) establishing a planned commercial center with off -premise alcoholic beverages
sales for the establishment of a Sam's Club and a Wal-Mart Supercenter. Several minor
changes to the site plan for the subject property has been approved by the Site Plan
Review Committee.
The property located to the west was not within the City of Grapevine prior to the 1984 City
Rezoning, but was located within the City's Extraterritorial boundary. In 1986 this property
and nearby surrounding property (approximately 63.53 acres) was annexed into the City
and immediately rezoned to "LI", Light Industrial District. Since that time, the area has
seen .a high level of development activity as an industrial park.
The property to the east was rezoned from "PD", Planned Development in the 1984 City
Rezoning to "PCD", Planned Commerce Development District. Zoning Case Z87-09,
approved in June 1987 rezoned the site to "CC", Community Commercial District. CU92-
06 was approved in May 1992, thus expanding the Baylor Medical Center site into this
property.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "LI", Light Industrial District — Storgard Mini -warehouses
SOUTH: "CC", Community Commercial District — Regency Center
\\CHDN\vOLI\DATA\COMMDEV\ZCU\CU04-29.4.doc 2 September 13, 2004 (1:38PM)
EAST: "CC", Community Commercial District — Baylor Medical Center and
Medical Offices
WEST: "Ll", Light Industrial District — Heritage Industrial Park
The subject tract is located within "Zone B" Middle Zone of Effect as defined on the
"Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" Map. In "Zone B"
the following uses may be considered only if sound treatment is included in building design:
multifamily apartments, motels, office buildings, movie theaters, restaurants, personal and
business services. Single family residential and sound sensitive uses such as schools and
churches should avoid this zone. 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 Ira E. Woods Avenue/State Highway 26 as a Type A
Major Arterial with a minimum 100 -foot right-of-way developed as six lanes with a median.
/rs
\\CHDNWOLI\DATA\COMMDEV\ZCU\CU04-29.4.doc 3 September 13, 2004 (1:38PM)
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T E d 8 CIT OF GRAPEVINE
1
CONDITIONAL USE APPLICATION
Form "A”
PART i. APPLICANT INFORMATION
Name of appiicanf/agent:
Dunaway Associates, Inc (Jeffrey T. Wooten, P.E. - Applicant)
Street address of app6cwt /agent
1501 Merrimac Circle, Suite 100
Oty/ State /Zp Code of appfcant/agent
Fort Worth, Texas 76107
Tetephoranumber of4V#cw*/spent•
Fax numberofappGcw# agent
817-335-1121
817429-1370
Appllcarft interest in subject property.
Engineer
PART 2. PROPERTY INFORMATION
SbVw address of subject property
1701 West State Highway 114
/.agar desafi#xr of &AAA X prgpwty fmwes & bmxts must be desafbed on 8 W x 11'sh"o
Lot 1, Block 1, Wal-Mart Addition —946ACAAQVt,,
Sim Of V4ect property t
Prosoa w(ft clasmitit~a►ifon:
Paposed uses of the prootty:
CC -Community Commercial
Retail Big Box ttAIL %41% SA
it*rkriuria n=*xrrnd BriefOr • too, ra Ast
ZonkV ordkra nw provision mquk*V a condtwW use:
PART 8. PROPERTY OWNER INFORMATION
Name of current property owner
Sam's Real Estate Business Trust
Street address of property owner.
2001 SE 10th Street
City/State /Zfp Code of property owner.
Bentonville AR 72716-0550
Tefephora number of property &Mvr.
Fez nwrrber of property owner
479-273-8244
- 73-8211
SubM a tetter des ftV the proposed ccrrdfBo W use end note the request on ument
O b1 the same totter, descrfhe or ahow on the sAe plea and corxWonaf requkamants MZbdWns krlposed upon the particular caxJrii 01W rue by
apprPcabte disW mWAetlans {exanrpk buffer ywd% distance b@Mwn users)
Q in the sarne tetter, dei mbe whether the prgoosed Mona! use wS, or wff rot cause subs &iW harm to the vatue, use, or e*yment of other
pmm*in the ralghbonWod Aiso, describe how #re praposed cm -x fttonai use wff add to the value, use or ar0o ww9 of other property 1n the
trelyhirorfwod
AppA=&w Of site tin appwal Pectfon 47, we attadW form 'B7.
The airs pion wAmftdon shat' meat the mg4wents of Sadko 47 Site Ran RogAymanit.
AUG G G 2004
�+ sw coraoszaaaar use aerxl o tioraa/ use appticaiions era assumed ro be complete when bled and WO be placed on tlae agenda for
the aFscretkxr of the ttaf! based on the sire of the agenda, your appdicaf/wa maybe scheduled to a !star date. rfnp at • .
❑ h hearings avd! be opened and testimony given by appficarris and interested cttizarwy Public hearings may be caned to the next
pub
rrnp. Pula�c heerfrags wlil not be Eab(ed lic
❑ council ugh Public hearing dprocessm+nor or major) approved w h a oonditiona! use or caon&tiona! use pemgt can only be approved by city
❑ !have reed and understand alt the roquirenaerats as set karda by the plica(ion far
ON use or condXbnal use pennk and eckwWedge that utrerraents of this appBcatlon have bean Haat at the timA d nd„riaasr
PART 4. SIGNATURE TO AUTHORIZE
REQUEST SIGN ON THE SUE
REQUEST AND
N�Bp
tM=Appncant'S Ra m e:
Applica nature:
7 -he State Of
cow*y 0(
l3elFxe on Ods daypersora 0yaMea W4 ` _LdLt��
known to me {or pros ed to me on the oath of card or other doamw* to be ft person whose:91sutascxibed to the tiaregoh�p aYrstrtaaaerat end
Admowtadped to nae that he executed flys same ford* puposas and oonslderf�6M deer" expressed
iSad} t ver► ur►clarmy hand And Sed! of oNke this 1n day of a -,� ka— ADJ004-.
��'°";•, CLARISSA JARRETT LO
TMAN tJ
'FM �4 GSL
Notary Public, State of Texas
Mir lr My Commission Expires In And
For State axes
• *+;lt�N"''� September 26, 2007
i
Sam's Real Estate Business Trust/Martin Gilbertj 11
tpiintt3gperty,U+rtias(Name. Pnsperty s
77m Stade Oft��'�? -V�c�. Y� sc.��
CW16, of. �AA 0-f1
(__(�+�
Boom me --- �_ ` 0 z} , on Hats day pa son
(no(aar)
known ka me for proved to me on d* oath of card or ocher docwnenp to be the person whose nawrae is Subscribed to d* toregohag ba bwwnt eyed
Ack*wfodpad m nx that he exacrded the same for the parposes sad Mereira expressed
ura
(SeN1 GA+en darmy handand seatorottke rials day orT A.D.
�.
Notaryn AAnd For State of rem trl SCc o+
OFFICIAL SEAL
PAM WOODS
NOTARY PUBLIC -ARKANSAS
BENTON COUNTY
MY ,OMt�41SSIUN EXPIRES: 12-0913
AOIs, 2^ �
i
ACKNOWLEDGEMENT def ..........
All Conditional Use and Special Use Applications are assumed to be complete when riled 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 riling 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
Signature of Owner
Date: �� 261 b
NNVIF Dunawa
4V Y
Associates, Inc.
DAI No. 2004176
August 6, 2004
Ms. Cindy Jackson
Development Services
City of Grapevine
200 South Main Street
Grapevine, TX 76051
Engineers
Planners
Surveyors
Landscape Architects
Reference: Grapevine Sam's Club Car Wash
Dear Ms. Jackson:
s.i i3
x'004
Per.............
Enclosed is the application packet for the Conditional Use Permit for Lots 1, Block 1, Wal-
Mart Addition. Currently the property is zoned as "CC" Community Commercial District and
the site plan was approved by City Council on January 15, 2002 under Ordinance 2002-9.
The Conditional Use Permit application is being submitted in order to add a fully enclosed
and automated car wash adjacent to the fuel station. The building is situated so that the
masonry finish will face Highway 26, which will allow for an aesthetic view from the road.
There will be a reduction in parking as previously discussed, but the site still meets city
ordinance. Also, there will be nine trees removed and replaced due to landscape island
relocations. The trees to be installed will be of the same size as when they were installed
with the original project.
I would like to thank you for meeting with me on this matter a couple of weeks ago. Please
do not hesitate to call should you have any questions.
Sincerely,
DUNAWAY ASSOCIATES, INC.
Je y T.Wooten, P.E.
Pr ject Manager
JTWljtw
2004176_Ltr_CJ ackson_080604_JTW.doc
cc: file
1501 Merrimac Circle • Suite 100 • Fort Worth, Texas 76107
Tel. 817.335.1121 • Metro 817.429.2135 • Fax 817.335.7437
www.dunawayassociates.com
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 CU04-29 TO
AMEND THE SITE PLAN APPROVED BY ORDINANCE NO.
2002-09 FOR A PLANNED COMMERCIAL CENTER
SPECIFICALLY TO ALLOW THE ADDITION OF A CAR
WASH 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, and 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 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. CU04-29 to amend the site plan approved by
Ordinance No. 2002-09 for a planned commercial center specifically to allow the addition
of a car wash in a district zoned "CC" Community Commercial District Regulations within
the following described property: Lot 1, Block 1, Wal-Mart Addition (1701 West State
Highway 114) 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.
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
n 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 21st day of September, 2004.
•--0011"
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4
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WARNING TO CONTRACTOR:
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CALL 1-800-344-6377 (OC-1ESSj 1-800-245-4545 (10-s
8"
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One). 1-800-669-8344 (Lanestar Notif*oMioo) « other tJUIlly
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prior oarnWetbn
draatiNty.
IHAWAY ASSOC PIC. 8 act rbOaLw
ppNe far RNq xotions
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BENCHMARKS:
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CEIAERLM i SHSotWM
26..
APPROXMATELY 0.25 MILES SOUTHWEST FROU
A
HIGHWAY 114 OVERPASS.
W
60.04
FLLYAIOHH . FEET
NOVO 29
WGW
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ON THE SOUTH SaX OF REGIONAL ROAD APPROXGMTELY
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25 FEET EAST OF A CUL-DE-SAC.
ELEVA/WN . 661.73 FEET
NGYO 29
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AUG 0 9 2004
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aAar-Ax 6 A W(XAESr FW UNE APPROVAL OF A RENSiW OF TWE last
PI/EMOUSLY APMMIEV SIM PLANS (CU0.7-07 AND WW -JV) FOR A
FLAW" COwERCM COnER M W WTTAL MODIFIES INE SITE
PUN FOR 77E ADDIRW O° ITE' CAR IHSH ADA4CET/T ro TFE FUEL
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A6VC TAEES MCL BE MOWD AND REPLACED MRN MNE ACR TREES
Qc RE SAIF SPECES, OWRALL PAIVONG S REDV= BUT SNlL
MEET'S CITY O MWANCE (SPE PAWAC CALIXRAWNS)- —
CZE. .eft.
CASE NAME WAL-MART
CASE NUMBER:
LOCATION: 1601 West Stott HighRoy 114
Lots i & 2, Block 1,
tlal-Mort Addition
MAYOR SECRETARY
DATE
PLANNING AND ZONING CDMMISSION
CRAIRMAN
DATE
SHEET 1 OF 5
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONTACT WITH ANY OOQES AR
ORDiNACES. _
DEPARTMENT OF DEVELOPMENT 50"t ES
--FINISHED FLOOR?"
a 1
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eoo-7s'(�-sss
www.coRDNAD
COUNTRY RUB
FACE (]N1
CASE NAME wAL-MART
ENTRANCE ELEVATION CASE NUMBER:
LOCATION: 1601 West State Highway 114
LOIS 1 H Z Black 1,
wol-Mart Will.
-
MA7M
DATE
PLANNING AND ZONING COMMISSION
DATE
SHEET: a OF _ 5�-
APPROVAL DOES NOT AUTHORIZE ANY WORK
IN CONFLICT WITH ANY CODES OR
ORDINACES.
DEPARTMENT OF DEVELOPMENT SERVICES -
CASE#: CU
CHEM BY: DMS Q TVR
DRAW BY: SRH
DomwD, WE: 07-14-61