The URL can be used to link to this page

Home My WebLink AboutItem 01 - CU04-31 TargetTO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER H.T. HARDY, DIRECTOR OF DEVEL LNT SERVICES MEETING DATE: OCTOBER 19, 2004 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU04-31. TARGET APPLICANT: Aimee Magnuson PROPERTY LOCATION AND SIZE: The subject property is located at 1101 Ira E. Woods Avenue and is platted as Lot 1, Block 1, Towne Center Addition. The site contains ten acres and the entire planned commercial center contains approximately 62.47 acres. The subject property has approximately 827.95 feet of frontage along the Ira E. Woods Avenue. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant. is requesting a conditional use permit to amend the previously approved site plan of CU03-26 (Ord. 03-52) for a planned commercial center specifically to allow the possession, storage, retail sale and off -premise consumption of atcoholic beverages (beer and wine, only). The applicant is proposing to allow the addition of alcoholic beverage sales, specifically wine sales to the product mix within the exiting Target retail store. PRESENT ZONING AND USE: The property is currently zoned "CC", Community Commercial District with a Planned Commercial Center designation. HISTORY OF TRACT AND SURROUNDING AREA: The subject property was zoned "C-2" Community Business District prior to the 1984 City Rezoning. The tract was platted as the Towne Center Addition in 1986. The addition was replatted twice in 1989. Conditional Use Permit CU89-15 for a Planned Commercial Center to be developed as four lots with three restaurants (Luby's, Arby's and International House of Pancakes) and one retail center, was approved in 1989. A one-year extension of CU99- 15 was approved in December 1990. CU91-19 for both a Jack in the Box Restaurant and an amendment to the approved site plan of Luby's Cafeteria was approved in 1991. CU93- 05, approved in 1993, again amended the approved site plan and sign for Luby's Cafeteria. CU95-02 (Ord. No. 95-10) was approved in February, 1995, allowing the possession, storage, retail sale and on -premise consumption of alcoholic beverages (beer and wine only) in conjunction with an existing restaurant for Jason's Deli. The Towne Center Addition II which contains 62.47 acres, was rezoned in 1992 (Z92-09 and CU92-23) from "PCD" Planned Commerce Development District to "CC" Community Commercial District with a conditional use permit for a planned commercial center which brought forward the development of the Target store. In 1994, the site plan was amended to include Ross Dress for Less, Barnes and Noble, Famous Footwear, and Showcase Hallmark (CU94-31, Ord. No. 94-100). In 1995 the master site plan was amended again to allow for the development of Linens N' Things on Lot 4R-1 with Mattress Giant and Chesapeake Bagel on Lot 5 (CU95-16). In 1996, the site plan was modified to develop retail space for Barbecue's Galore and Coleman Spas on Lot 9 (CU96-20), Office Depot and Cost Plus on Lot 6R (CU96-29), and a 20,000 square foot retail building on Lot 7 that houses Chuck's Hamburgers, Haltom's Jewelers, and Busybody Home Fitness (CU96-36). CU99-06 allowed the development of a 6,581 square foot restaurant (Mimi's Cafe) with the possession, storage, retail sale, and on -premise consumption of alcoholic beverages (beer, wine, and mixed drinks) along with an attached 3,295 square foot retail building.. CU99-57 was approved in November 1999, allowing outdoor seating at Jason's Deli. The Site Plan Review Committee approved CU03-01 in March 2003, allowing the placement of a pole sign for Haltom's Jewelers. The Site Plan Review Committee also approved CU03-02 in March 2003, permitting a revision of the Luby's Restaurant pole sign. Conditional Use Request CU03-26 was. approved by Council at their August 19, . 2003 meeting which. allowed for improvements and changes to the front entry elevations, parking lot, and landscaping for the existing Target retail store. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CC" Community Commercial District, "R-3.5" Duplex, and "LI" Light Industrial District—Baylor Hospital, Grapevine Industrial Park, Clearview Park SOUTH: "CC" Community Commercial District—Classic Chevrolet, Outback Steakhouse, TGI Friday's, California Pizza Kitchen, Boston Market, Don Pablos, Hooter's and Red Robin 0:/zcu/cU04.31 1 October 11, 2004 (11:53AM) EAST: "CC" Community Commercial District, "CN" Neighborhood Commercial District, "GU" Governmental Use District, and "HC" Highway Commercial District—numerous retail stores and restaurants including: Joanns Superstore, PetCo, Subway, Baja Mexican Grill, Firestone, Taco Bell, Silver Fox Steakhouse, Wendy's, Chick-Fil-A, Mobile Service Station, U.S. Post Office. WEST: "CC" Community Commercial District — State Highway 114, and Regency Center including Academy Sports, Best Buy and Omni Leather. The subject tract is located within "Zone A" zone of minimal effect as—defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. Few activities will be affected by aircraft sounds in Zone A, except for sound sensitive activities such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal is an appropriate use in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Commercial Land Use. The applicant's proposal is in compliance with the Master Plan. - THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates Ira E. Woods Avenue as a Type C, Minor Arterial with a minimum 80 -foot right-of-way developed as four lanes with a center left turn lane. /rs 01muXU04.31 2 October 11, 2004 (11:53AM) EAST: "CC" Community Commercial District, "CN" Neighborhood Commercial District, "GU" Governmental Use 'District, and "HC" ' Highway Commercial District—numerous retail stores and restaurants including: Joanns Superstore, PetCo, Subway, Baja Mexican Grill,. Firestone, Taco Bell, Silver Fox Steakhouse, Wendy's, Chick-Fil-A, Mobile Service Station, U.S. Post Office. WEST: "CC" Community Commercial District – State Highway 114, and Regency Center including Academy Sports, Best Buy and Omni Leather. The subject tract i–sTocated within "Zone A" zone of minimal effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. Few activities will be affected by aircraft sounds in Zone A, except for sound sensitive activities such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal is an appropriate use in this noise zone. 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 as a Type C, Minor Arterial with a minimum 80 -foot right-of-way developed as four lanes with a center left turn lane. /rs O:/zcu/C(J04.31 2 October 11, 2004 (11:38AM) NPSNFPFi 1 )DS AVE x ..4:.� 4e N� 8i ao QHS -\-GE xf,1O LOT 1R BOK 1 ' 1ve?.� 1 NP nir244 \ 2N x..M , 1 inch equals MO feet M Ess M, 441 «naA Fri IN Rif fig NPSNFPFi 1 )DS AVE x ..4:.� 4e N� 8i ao QHS -\-GE xf,1O LOT 1R BOK 1 ' 1ve?.� 1 NP nir244 \ 2N x..M , 1 inch equals MO feet M Ess M, 441 «naA AUU I r `uv 1 Per ............. T B A S CITY OF GRAPEVINE ` CONDITIONAL USE APPLICATION Form "A" PART 1. APPLICANT INFORMATION Name of applicant/ agent: TARGET CORPORATION dba TARGET STORE T-0876 Street address of applicant/agent 1000 NICOLLET MALL, TPN—_910 City/State/Zip Code of applicant/agent MINNEAPOLIS, MN 55403 Telephone number of applicant/ agent Fax number of applicant/agent: 612-761-5541 612-761-1138 Applicant's interest in subject property: RETAIL SALES PART 2. PROPERTY INFORMATION Street address of subject property 1101 IRA EAST WOODS AVE. GRAPEVINE, TX 76051 Legal desorfption of subject property (metes & bounds must be described on 81/2"x 11"sheet) SEE ATTACHED $Ize of subject property 10 Acres 435,601 Square footage Present zoning classification: Proposed use of the property- ropertyCOMMUNITY COMMUNITY ICAL RETAIL SALES Aofirdmum I max/mum district size far conditional use request N/A Zoning ordinance provision requiring a conditional use: CHAPTER 4/ SECTION 4-3 GRAPEVINE ORDINANCE CODE — SECTION 48 ZONING ORDINANCE — ALCOHOLIC B PART 3. PROPERTY OWNER INFORMATION Name of current property owner. TARGET CORPORATION Street address of property owner. 1000 NICOLLET MALL City/State /Zip Code of property owner. MINNEAPOLIS, MN 55403 Telephone number of property owner. Fax number of property owner 612-761-5541 612-761-1138 ❑ Submit a letterdesoribing the proposed conditional use and note the request on the site plan document ❑ In the same letter, describe or show on the site pian, 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. . ❑ Appiicatlon of site plan approval (Section 47, we attached Form B7. ❑ The site plan submission shag meet the requirements of Section 47Site Plan Re uirements. ( If 17 2004 ❑ All conditional use and conditional use applications are assumed to be complete when riled and will be piace�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 da I"............. ❑ 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. ❑ 1 have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowledge that ail 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 JACK N. REIF Print Applicant's Name: Appt' nt's Signa ure: The State Of MINNESOTA County Of fb� y JACK N. REIF Before Mey Irl'.JM A on this day personally appeared (applicant) (notary) 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 A.D. W t Kh,c, , M. OSTER 1, Notary Public Minnesota My Commission Flak" iat Si. � Notary Irl And For State Of Zexv� TARGET CORPORATION JACK N. REIF Print Property Owners Name: Property Owne Signatu The State Of ,` MINNESOTA County Of l a I, Before Me 5ftk on this day personally appeared JACK N. REIF (fir,) (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. (Sean Given under my hand and seal of office this = `--- day of ��_ _ A.D. KRIS•(i J�: M. OSTER Notary Pub4c Minnesota Nota In And For State Of 7bx8s uyt;owam�m.at.uos 11 w August 16, 2004 City of Grapevine Development Services Planning Division 200 S. Main St Grapevine, TX 76051 Attn: Ron Stombaugh RE: Target Conditional Use Application Mr. Ron Stombaugh; AUG 17 2004 Per ............. Enclosed you will find form A and B of Grapevine's Conditional Use application. Also included are 4 copies of Target Store T-o876's Site plan and lot plan with a seal from the engineering firm and the interior floor plan with the isle marked that the wine will be displayed and payment for the CUP application. We are hoping to get a liquor license for Target store T -o876 in Grapevine, TX by November 2004. Please contact myself if you need any additional materials. Thank you, ca=:I-T Liquor Licensing Specialist Target Corporation 612-761-5541 Target • Marshall Field's • Mervyn's • target.direct Target Financial Services • Target Brands • AMC • DCI ~ 1000 Nicollet Mall, Minneapolis, Minnesota 55403 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 CU04-31 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2003-52 FOR THE POSSESSION, STORAGE, RETAIL SALE, AND OFF -PREMISE CONSUMPTION OF ALCOHOLIC _BEVERAGES (BEER AND WINE ONLY) 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 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. CU04-31 to amend the site plan approved by Ordinance No. 2003-52 for a planned commercial center specifically to allow the possession, storage, retail sale and off -premise consumption of alcoholic beverages (beer and wine only) in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 1, Block 1, Towne Centre Addition (1101 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. 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 Cfty 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 19th day of October, 2004. ATTEST: ORD. NO. 4 GRAPWC SCATS b w (wRST) F;.O 1 r —7 .tea► �, lA�iyp}t+" LOTi2.y,t r8+rat ses� r�� ra Atop M!� E .. �eiwik EXISTING CONCITONS ulAll Mqul WT t. Km L Vicinity Map Toot ttNTot AonteN W a CA! p m $440 SFAX W 114.. ea oaT x . Vicinity Map Net b Soda LEGEM t7u51fNG A9w�cl Gw%C W Ae#O.Y' el]VR Y t AN'v�4AO - • 1tY p"A4.of 111a6o0��Ye• � AawMRrwK mw wow .a_.SF— ptf — Ar— •ebro AtA:Abf —•cer-- a wa•nB+oir a."ow:ec oletrx — ♦rr — sArwlr =Aw— wwv w — wr — /uoebob:c• wAeawe —m1— wowlwww we MAW >BbreArt •.♦wow moo.x — xr — o —w— bmvD.T w •r —XAW— Mir . Y •9�. C� 0 ACDva7' . wwN wmucntc ws' y oAsum am acw cur o ww WAVA C p Awmw ww ,p A6ANC.O""M omww opw ♦ AWNWwr A lrA • MX'# cr-SWAW � •eater wxw rotr ' � ♦ts rtcl[ cur A1C � AI•wOMt7• iN¢IJr ♦wwrwtt ♦ wbX AR'lwlY 0A AW*7 tk •fAe wbN q{) &4wP e -SL♦" p�4 SAM -i urs �q "DWA[[–ILWS . ® AtblJarlltYlitl•t JMf7 o- Amwtwr . • Y[c'AeNt sot • offmaw•eer 9 goer AtwtNt • awlaw tr ue+Jrinrr . .. q tw•raroe w wise woe Amr4c —AMD" At•etur town +ws. ItnC Iia+o1A1111W .. BUFIVEYOH'S CHiiFiCAT10N Ta TANXT ewemim •d is (f•T.t lMY McUti;woo Yfq I M A hartbMAmmerWW!.•MpIJ by IlA1, W= :L::wo MMwK bb wN6Mw ooJnipi W pww Md M7e 1oN iwwl+w wYwArbs. N ed.ryowr M.6.w N tMu�Mb+Ywwob f'rw r lw7obN Y Few WYoi Y M'Ydw A1A/ACSY IN 7W Legs' yo.1OJ Mormoeb iHb MYM {Yi FowMlr lar emaa— R LNk Sw.)w Na 1711 ie 1W b mlle7 Fw tbk M't Itd N M rw/ w rV 6 b Yreo)1ow wodo Y e0000lY.er .tF a'fA+w. t)wlwat awe W...a w R w we Sww1t. .euA1+w N A•11.1 •.11 AC91 N1ld N•w.N RwuL;3L6 6.1" 61.16 iW T>. tS. N j� 12004