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HomeMy WebLinkAboutItem 06 - CU03-10 Westgate Plaza C� STEM 0 .�.�..,.:, TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: ROGER NELSON, CITY MANAGER H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: APRIL 15, 2003 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU03-10 I , ------------- I I I I —i r Grapevine 5?,Lake APPLICANT: David Cunningham I I dove 1 I 1 in I I.H.1635 Northwest as Poe. a PROPERTY LOCATION AND SIZE: T. The subject property is addressed as 2300 West State Highway 114 and is proposed to be platted as Hall-Johnson Sy�so ADpO t a ; Lots 1-4, Block 1, Westgate Plaza. The property T o contains approximately 15.19 acres and has L_I - Glade Rd. - �, -I approximately 627 feet of frontage along State Highway 114. REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to establish a planned commercial center for a future mixed use retail/office development. At this time, the applicant has no specific users for any lots within the subject site. It is the applicant's intent to seek Council's approval for the planned commercial center before a substantial investment in infrastructure improvements is made preparing the site for development. Approval of this request will allow the applicant to construct an access easement/drive which is necessary to provide access to enterior lots within the site and to provide required frontage for setback/landscaping purposes. PRESENT ZONING AND USE: The property is currently zoned "CC" Community Commercial District and is vacant. 0:\ZCU\CU03-10.4 1 04/07/032:49 PM HISTORY OF TRACT AND SURROUNDING AREA: The subject property was zoned "R-2" Two Family Residential prior to the 1984 City Rezoning. During the City Rezoning the subject site was rezoned to "R-3.5" Two Family District. At a January 16, 1990 meeting, Council approved a rezoning (Z89-17) of the subject site to "CC" Community Commercial District and the property has remained vacant. The Grapevine Plaza Shopping Center to the east was rezoned from "C-2" Community Business District to "CN" Neighborhood Commercial District during the 1984 City Rezoning. It was later rezoned (Z85-10) to "SP" Site Plan District to allow the development of a shopping center with a grocery store with off-premise alcohol beverage sales. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-7.5" Single Family District and "R-MF-2" Multifamily District—Austin Oaks single family development and Woodlake Apartments SOUTH: State Highway 114, City of Southlake EAST: "R-5.0" Zero-Lot-Line District and "CN" Neighborhood Commercial District— Oakwood Meadows and Grapevine Plaza Shopping Center WEST: City of Southlake AIRPORT IMPACT: 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 request is in compliance with the Master Plan. /rs 0AZCU\CU03-10.4 2 04/07/032:49 PM 11�1� ._lr��► 00 pti'�1OD©©�iO�OC�Ci©r Q AWMM� ■ .oeemo©�����oQ�0000vovo aQOQE Me Rom- ... e�►� o sir � Q a ._QoaQQv�.�,A©de © --- eeeeeeee RESTRICTED TO 16 UNITS �PER ACRE ,�, oQ�oo pOD o ao ooQOQoo A Q ©OQ00 deo�lQOOQOa00 �. mill00l�"�'��p!��a r � • i �7 i MAR 0 4 2003 ? B A a C I 1 I OF G RAPO.V NP. CONDITIONAL USE APPLICATION Form A PART 1.APPLICANT INFORMATION Name of applicantl agent e 1 Got•-� Sheet address of applicant/agent "1 �-�— CityrState rZip Code of applicant ragent Telephone numWof applicant/agent Fax number of applicant/agent Applicant's interest In subled pmmrtr PART 2.PROPERTY INFORMATION Street address afs�_s �ecx property �r�',� Z.�.-.S f.,i's> ���ft�,,,,SS I�s•rpt�J�1 Legal desuWw of property(metes&bmfnds must be descrMW on 81/2 x 11 sheer) Size of su*d property Acmes � �7 QO O Square Wage I Present zoning ciasstfication. Proposed use Of the property. maknum/maxbnum digdd size for conditional use request ZmIng anArmince prwfsion requiring a condtt<onat use: PART 3.PROPERTY OWNER INFORMATION Name of current property owner: Street address of property owner: City/Stater/Zip Code of property owner Telephone number of property owner. Fax number of property owner. 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 wife purr,and conditional requirements or conditions anposed upon the particular conditional use by applicable dishid regulations(example:buftr yards,distance between users) in the same letter,describe whether the proposed r w6bonal use will,or will not cause substantial hart to the value,use,or enjoyment of other property in the neighbortood Also,describe how the proposed conditional use will add to the value,use or enjoyment of other property In the neighborlmd Appficadon of site plan approval(Section 47,see attached Form T 1. . The site plan submission shall meet thhe w #Arements of Section 47,Site Plan R uirements 2 RECEIVE PART 4.SIGNATURE TO AUTHORIZE FILING OF A FINAL SITE P PnWt Appgcarn's Name. Apptfcanrs S PLANNING The State Of 1 _ cowv Of l- dais day p uy appe� � snob a iueo�(' i �. ( ) (appticartf) known to me(or proved to me on the oath of card or other document)to be the person whose name is subsafbed to the foregone inst u ent and aciatowfedged to me that he exec a some for the and cormdershon therein expressed \"111i1\i !!JIIJ/ (Seaq Given under my ha*' v of� a �� N�Ty`;tom % Notary in And Prfnt Property Owners iii S i \``...a�•� Fmperty Owner`s Slgnatrm: Tft State Of c4u^7St Of Before Me on this day persondly appeared ln�Y) (propedY owner} known to me(or proved to me on the oath of card or other dommro&X)to be the person whose name is subscribed to the foregoing Instnmrent and edmwiedged to me that he executed the same for the purposes end considmbon therein expressed. (Sad)Gim under my hand and seal of office this day of .A.Q. Notary In And For State Of Texas 5 11nm U0 CUU.3 c: n tvM MTGUKYUKH 1 t51 UKt L. L. G. 8723808066 p. 2 RECEIVE MAR vi 2003 CITY OF GRAPEVINE March 2, 2003 PLANNI1yG C/O David Cunningham �a SENT VIA FACEgME - 817.424.2755 ts. Re: 15.1-Acre Land Site (Branan Tract) Gentlemen: This purpose of this letter is to authorize Mr. David Cunningham to file for a preliminary platting for City and Zoning changes on the referenced site. The plat will be submitted for the City's consideration to approve the site as a Planned Commercial Center. Please contact Charles Branan at 972.380.0500 if you have any questions or require additional information. Thank you for your continued assistance in working on our collective efforts to achieve a first class quality development on the site. Sincerely, Charles Branan Trustee ACKNOWLEDGEMENT MAR 0 4 2003 PLANNING All Conditional Use and Special Use Applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not.be tabled Any changes to a site plan (no matter how minor or major) approved with a conditional use or a special use permit can only be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. if after said period of four months an application has not been scheduled before the Commission and Council said j application shall be considered withdrawn, with forfeiture of all filing fees. The application, along with the required filing fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four month period. I have read and understand all of the requirements as set forth by the application for conditional use or special use rmIt and acknowledge that all requirements of this application have been met at the ti e of ubr,�ittal. Signature of Applicant Date: Q Signature of Owner Date: s S - - •tJ • .•tom ,� y,,,, r.'' rr+iy. � .tf � 4t 4� Jw � � • t t� ,q._ t+.�. '.`^ <. • ems �� �rt %tee' •• ( Y' t�+r r' NO r ir `•t� A - : !t x, -,Row i. r•4Ott " '► IVY �11 It Jii _y� 'C� tV n1 • r,. IYI • i J • V y ' 41 a' �« • i.r•t �► ��� J v • w ,S 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 CU03-10 TO ESTABLISH A PLANNED COMMERCIAL CENTER 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 b requirements of this ordinance for off-street parking q Y p 9 Y q P 9 4t facilities; location of ingress and egress points for parking and off-street locating spaces, n and protection of public health b surfacing on all parking areas to control dust; effect on ; p p Y g P 9 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 CityCouncil further considered among other thin t g things he character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and encourage the most appropriate use of land throughout this City; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is a public necessity for the granting of this conditional use permit, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that the conditional use permit lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, prevents the overcrowding of land, avoids undue concentration of population, facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this conditional use permit and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified and, therefore, feels that the issuance of this conditional use permit for the ORD. NO. 2 particular piece of property is needed, is called for, 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. CU03-10 to establish a planned commercial center in a district zoned "CC" Community Commercial District Regulations within the following described property: Lots 1-4, Block 1, Westgate Plaza (2300 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 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 15th day of April, 2003. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4 AlsrWgAagALtUlFiQW 4 I t GW2V9 TA&Z 0 •4WARM B 44VTJAW.E TA&.E r ,- x... a CAB. 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J %j /�'D�;� iqR PLANNING AND 20NiN6 COMM4SS1&1N J *A�, ' / �¢ :ff '..•...,, \..,, ''``^`:'\ 1 t /° �' r�C ({/, .' "�`•• f`:"^� i1 j CHAIRMAN EA rqt .AY J" ,.� i t :,yi //-•�..•.r.^'+ '-y"-. }," ,-.,^a *.,,,,.,,�y1 -�j I 1�1 `'^^••.. \\ D, ,T .T. x2F M 3ds, of _.... / r'"' S `"'^. ` 1 � /+1 •+ _..eEhh"y�# .r}, I :SP1 DATE: -.- Skfff: OF Rt, APPROVAL DOES NOT AUTHORIZE ANY WORK ; � \!. • h., .., , `w+X' '4�yr ,,:..�, \ x IN CONFLICT WITH ANY CODES OR OROINANCES. • yw� ���KKK+++cceccc••• •mum � - //(�i OEpARTME.I!t7OFQEVELflFMENT&EftViCES ISI,�I "•,» ki' w r •. Iv � .-"� ,354� 1 I .,,,,4,� Imllmi � ».',a?,,,. / '�/ ]"'�>,� w,.,,M�,�� •.� ry� ^+/ '�� �•l 4 4 J ntl ho 4d?IA: fe . �t• �{ �ti LOT I \f , " Lot ors a '1 tikt � ��lC 'w ,� P •^q �*• I -f f'd.r7. ge 4A r f 1,.1#.Ac 58454 R, I S 13AI SaSA 0. R. ': y'C fIeoar Area d •R. Trial'lost Atm 400 ,(tj r,. "" '"7 4r.,:.. t T '^+ `.. r"+•' ,.,6Si'AS, r'- Fber rbaAa 1:Od Rkdr o b, iS .. N --- aC,rwery a id^i Bkd. 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LatS k,397A 5837t. ft Zoning Ordinance end arc-ntgiodt to apWovNt?y pP Ffantik,g$2oaingCbaaad8ea 4.b9'L`Ity d A/„ T`t �R.� oak.) Toad RigrAraa $T{y@agR Council. a!f aff'�L . ar Ar 1M i•Fl,t3 4. TOOT Pe+rnBa for access dnvawaY facgtlios on hiphwaY rgN-of way ahafF be nb!@Aved and ffOf 6a1CAver. a is 3 provided a the{teparfinent ok Publfc vVdtkaMWr a aity dan#IruGlgn, rP ,,,,� t`. I "ham..., GONDITIONAL USE REQUEST CU03-101S A REQUEST TO'ESTMLISH Oµtddbr atpnage wgltta provitled with WdWiduai Ulli}aas at a(:CaTddnaa wdh SepiMn 6@.of 15. RenaBY. 'A '*„ �' ",i ""... AWSM3mA . ; l \,,+' 1 A PLANNED L QMMFP�IAL O€NTER Ft?Fi A FU T4iRlXkCt tiSi N e Zon n0 O d rants @ni#ara subaed to�Wovat'HY Ma PtarnM p&oNAgt�a u i@eo end a. Lat.stae-3@,gou m n. sy�xs:, A Y• I """ RETAIUQFFIE:E DEVELOPMENT. city Couned b. Mk+..Open, W-2g%e, ... Lett, I.53'a Ail,(? 31a. .a, ��, �,... *.,.,.+ .�' a � L ,....,,,,... 8 Detallad.Landsaape kala,ts and arigation Plana wl8 bepmvlded vdM individual 6tN-RfanF antl a 81dg QOvpr -� 94-ndn. P' ,„, /� _.,_--------- W Q T aFA1 a Ar a 8 shall be provided in sccardance with Swoon 53 N tie Zoning Ordinenpe and-are su9leq to d. I v' .. mRetkDps 9latenat.+8g96min. + f -- Arta approval 4Ythe-FJannittg&Zo9inpCoinmlltaoand Clty:Ooanal. 16. lvYa RagWatlons: � ` + w --��g�.E&dP. 1Loi3:o r gq ?Q°J,AIQg;_ ._-,....._ 7. NI repuWfibAs Of the CRY of Grapevine$IN Erosion OTdinaace shag be mal during PRY a Lai Width-I ms,. K .Fy 'r #'eA �,�- b I I ap'ETTL.esMT. Btl% Aavh oonstnylion. b WD!apjb 1�Orrh. F Rif yl,, �, '.,� �. ---_-_ .__ canLoCpL Plam / Site 1r lom, ate ?41¢ S. Off strg@L parking and Loading shag W in accordance with Swoon SGSB of Me Zoning c Front'SuWdinp Une•-25' ' LOT t Ordinahos and Are suileal a approval by the PlanNnp&Zonng rbmhdtlep and Gil', d. Sid ulldJ'r4IUI -10 i GRAPEVdMEPLA2A AW�fFKW WESTGA.TE PLAZA. t 551 Ac b80t(@. .8: Cowlctl. e. ROareulWkapLlria.•2S' - kRe-c41,Pt•S. AND KING LOCATED IN THE 7'fsk rArwl G56. .fl. a• All Defiles storage areas shall be wreerted and landscaped in wordence with Section Porwrlowlthibsolbaekaahallbaih'accorpenoawiththeapprovedConceptMom P.R,T.E,r. $0,0:3 of fine Eonlnra Ordinance and'are A010 t to approval by the Planift 4 Zoning Lots o4went,to r.Nap_ -uay gits4!c?s sllalka9ve a�mkdMtml bi idlinp'sattlack of 2 Ill the �'d"n�,,:. THOMAS CASTER SOMY. AnTRACT NO, ASS. gg Committee pod >ro TARRAN'T COUWTY, TgXA$. 3V g)d.. ;Pavia' Deperirnenko P.ulWlc WwYa. RtarMards d the 17. TT� ha19t7# '' 'w',dm�rr�mrt. 1D NI utilitlda shay pa des'nod and Coriekuoted a,accordance w8h the ap Prayratyaltwn Ilermke shag be N accordance with Section S2.E 41 Ma ZonagF +°'see �-,..� 10 LOTS 15.193 ACRES a ma 8Y . 11. Building haights shell lot excead 5@ feat. 18, Ret@r to prolimirfary Plat for sdtWCli laanntdloll RATE Q�► OM MS t.932 Ac:Sa t72sy.n; 12 Me,,'I,aNcai and aisat(id aquipmeW shall stasis mintmam twigs and be camWalelY tb. LOLesnatl provldeidulaal AoeeSa:Eaepntenk a8theach aeparate:Plf7ai Ptal. TnulFAonr Ares 88dp'.g. screened froinipubtk view. 20. All onake dleotdoal conductors aullo ted veth new construction "It be UaLd 0150 BRQDKRIVER DRIVE. SLNTB $-700, DALLAS, TEXAS 75247 °'K•---- 13. petalled iighling Plans w81.tie provided With individual Site Plans and shall be designed to wrlorgruund. TEk:r (^..14}3$7•-2gB1 FAX (21.4) 397--2835 AIlbF ray a„tlo l'.b.tS reflect awe *andOMQ adlanent p y propady and are subject to approval by the Planning&Zoning JOB NO. 069400700 SHW 1 ref 2 _921n plicy.0 Coamyard shag go ply with DATE: FESRUARY 28. 2003 O n S r ?3�'('�-�Pnnagj� 14. Buffer yard shag oomply Wgh Seatkain 53 and?S.M.A.of Me Zoning Ordinance, THIS PLAT FILED IN CABINET. ,_, SLIDE- P,R.T,C...T. DATE: