HomeMy WebLinkAboutItem 06 - CU03-10 Westgate PlazaCC ITEM 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
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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
I. _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:
SOUTH:
EAST:
"R-7.5" Single Family District and "R -MF -2" Multifamily District — Austin
Oaks single family development and Woodlake Apartments
State Highway 114, City of Southlake
"R-5.0" Zero -Lot -Line District and "CN" Neighborhood Commercial
District — Oakwood Meadows and Grapevine Plaza Shopping Center
WEST: City of Southlake
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
0:\ZCU\CU03-10.4
04/07/032:49 PM
0
1 F w
MAR 0 4 2003
a a C I 1 I OF G C APO. V NP.
CONDITIONAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant/ agent
M v�`
t'9 " -S-V- Go rn ti - AL
Sheet address of applicant / agent
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City /State /Zip Code of applicant / agent
vk Y\) t —7
Telepphhfone numtxWof applicant/ agent
Fax number of applicant /agent
Applicant's interest In subjed property;
PART 2. PROPERTY INFORMATION
Street address of su*d property 5,
Legal description of property (metes & bowds must be descrMW on 81/Y x 11sheet)
Size of su*d property
D0O
Acres � �(/ ! Square Wage
Present zoning dasstfication.
Proposed use Of the property
C- C-
i� ��:�i� vs "ti-C-A,-r-�
Mrrbnum/maxrnum disMd size fear use request
Zorving anArmince p+wfsion requiring a conditional 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 sr% pian, and conditional requirements or conditions anposed upon the parkL dar conditional use by
applicable dlstrid regulations (example: buf%ryards, distance between users)
in the same letter, describe whether the proposed conditional use will, or will not cause substantial hart to the value, use, or enjoyment of other
property in the neighboftW Also, describe how the proposed concfitional use will add to the value, use or enpyment of other property In the
neighborhood
Appficadon of site plan approval (Section 47, see attached Form T1. .
Tire site plan submission shag meet the#w nei of Section 47, Site Plan R ukemer>fs
J)
IM R. 91. M.
RECEIVED
PLANNING
Be*m Me M day pmonaffy appe&vdl PD �J 0 J k -C:s&
(notaq) (OWOU&N
known to nv (or proved to nm on the oath of card or OUW &WMRU to be the Person W*w name Is mftaftd to the kmgo&V h*wmnt and
acknowledged to m OW he exear P'e',/ same for the Mandy,=Werahon Mew expressed,
vof
a
&#W under my he,*
N
cl
In
Wary And
A;
4AS O\.
Print Property owners Property awnees ftrmftm
The State Of_
pm-Mllm
Before Me {notary) on this day perWM#Y appeared axoperly Owr"
known to m (or proved to me on the oath of card or odor dommrowf) to be the person wt)a" name is submMed to the foregoing bsbtmfwt and
edmwWged to nm that he exemted the same Jbr the purposes and consideration therein e*m&"d I
(W Given under my hand and mal of office this _ day of AD.
Notary in And For State Of Texas
IN
11nm U0 CUU.3 c: n tvM MTGUKYUKH 1 t51 UKt L.L.G.
CITY OF GRAPEVINE
C/O David Cunningham
SENT VIA FACEgME - 817.424.2755
Re: 15.1 -Acre Land Site (Branae Tract)
Gentlemen:
8723808066
March 2, 2003
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
p.2
RECEigc)
MAR vi 2003
PLANNING
RIECEIVEO
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
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
conditional use or special use
application have been met at the i
Signature of Applicant
Date: : Q
Date:
of the requirements as set forth by the application for
permit and acknowledge that all requirements of this
ie of,subrnittal.
V �
W7, W7,
(10 c� -/C
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 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
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 ($2,000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Section 8. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 15th day of April, 2003.
ATTEST:
ORD. NO. 4
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NOTES:
1. Pmpps%l Lusa ehal4RlOwe Rate). Rsstpwwn, and Ras4uraM adtlt Drive 1taV aprvlye. `
2. Ard�BSFUtrat alavabt»sof proposal at'uct6fe w71tba prmAded dR tndiWduar.Satb:t?Cena.aDa>"i
are aublaek 1a appr0vg by tha Piamm�p 8omk,&CarrµcRtaeandcSdY.Aau,+cn.
3. Butrlino ca+struntion materuue slkat kept tkfe tlinhnt8n oNndart8 aj 9ecfic:a S4 of tie
Zoning Ord`uhance.aad ara3U6jedt kq.aaPkovol by OW pon"rill Zoeinpepaµtdltea BAd ity
cou0T 41
a. TxDOT , -the 111=t
or access dnvpwaY ls.1r1k1 s 0n 1.1i Y right -of -ay shat be obtained and
provldad W the Deperfmanf of Pt$tb WdrMaWWr tp oily cOnslruotl6n.
5. Oµtddpr 8lpnapa wilk#1a Pr Ww1 with"IndWidual $Ueitlatic to asoardanaa wrW Seoilon 60 of 15. Ranoity:
Me zoning V,9
'it
atisl ora su4)ed to �Wovat.OY:Ma'WarmM+O&2oNt}gt�ntuiRlea end a. Lot.Stae-3@,OOO mIn.
city C04nep. b. Mk+..ttpen 6paca- 2 %mh.
8. Detailed.Lsndsnape Flans and Initiation Plans wit be provided: with indtvllual 11W Plane and Q, 81dg. 06Vrega--l� Rdn.
shall bo pntvided in woordanoo with Swoon 53 of the Zoning thdinenxe and Are sobiso, to d. Impedudt Materilit-eli% min.
approyaibytb ftming&ZoningcommiaessndcitycouwA. 16. Asea Regulations:
7.
All regulations of the Olh' of Grgpevina $afi Erosion Ordinance shall be mal during PRY a. WtWidth-120''.min,
onnstnanion. b. WDapjb-1Z0'mit1.
S. () atraat. parldng and Loading shall tie in accocdwdce with Seu'Oon 6G6S of Me Zoning c. FronfOueding Une �-25'
Ordinahoe and Are subJa.l to approval try firs Planting & ZorUng comm@tes and Oily d. Side BuIWJngLlna-1@'
D9@nCd.. e. RasreulwlppUna»2S'
8. All f0fOas storage A.M89 shall be 4aeaned and landscaped in a000rclance with Section Porkinp with'" 88#baek6 shall Win th Ilk
i
A
am. --_�
f �
,.67y A,CRZ6
(M. Of 8r041A+1E
,
F
VOL
n
60,0:+7 N ft Zonirn+gp Ordinance and are Bubsot to approval by the Planning 4 Zoning
alta 44jacer to ssgor- emily Ois4icts rdiak 09ve 0,ndrooltlrn: buiWinge atkack of t Groan the
Committeeandoltye6unpu.
bu11d heigb#. -
10. NI utilitea shah be designed and coRetru6ted in acsvrdance will, the standard. of the
17. Trep PrOmOtion ilermte shell be N accordance with Section 521 of the Zonags
Depenrb8nk ori P.ublLd Wwfls.
tjrdinanna. ,
11, Eelidtkg heiphta shatn6lp><ceed 5D. teat.
18. Rer@r10 Pr i1iminary Plat tat setback iaformolim.
12 Machanicai and alachicad Witipmeat shell create mintmum noise and be campolaly
19. Lo[asnat provide Moloat Aww*Easements eft "on separata:PlRai Plaf.
screened irompublic view.
13. Detailed lighting plans w81be provided with individual Site Plans and shall be designed to
20, All on-site Meolriaal conductors asaboiated vMh new conslyWian shaft be UaLd
underground.
reflect away hom adiacant Wopady and are subject to approval by the Planning & Zoning
Q
Committee and City Count.
14. Buffor yard aha) comply with Seoti-A 53 and 25.M.4. of the Zoning Ordinance,
�
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LacAVON: q, tD WEST'$TATB HtQHNAY t14
LOTS 1-Ati WESTCAT-5 PLAZA
MA�--YOR SECRETARY
DATE: .__.___.
PLANNING AND ZONING COMMtS'1ON
UHAIi211A@i
DATE: _
SWIFT T OF _
APPROVAL DQE' NOT AUTF4ORIZE ANY WORK
4
4 CONFLLGT WITH ANY CCIt]6S OR
OROINANCES.
DEPARTMENT OF DEVELOPMENT SEI'1VIGES
Orglik Scali In F'asf
Q _ 90
00 lot,
$cgfo, I' � 50'
- 01)NPSTER
REQUIRED TREK. (min. 3" cal.)
G13NDITIONAL USE REQUEST CU03-10 Is A REQUEST TOiFSTABLISM
A PLANNED OOMMEROIAL GENT, ER FOR A FUTUFtfz MIXED 11
RETAILIOFFICE DEVELOPMENT.
Goraoept Elam / Site plc ,
L.QTr
ZA FqM
RE"STGATE PSAPATMA4o. 14
AND BEING LOCATED IN THE
THOMAS EASTER SURV'GY. Af#,4TRAOT NO. 458.
TARRAN$ COUWTY, TiXAS.
10 LOTS - 14.193 ACRES
8Y
RATE Qtr
8150 BRODKRIVER DRIVE. SWTE $-700, DALLAS. TEXAS 75247
TM- (214)35,7•-2481 FAX (21.4) 3917--2895
JOB NO. 06o600700 6MEEf 1 or 2
GATE: FEBRUARY 29. 2003
THIS PLAT FILED IN CABINET- SLIDE.-.,.._.._. P.R.T,G...T. DATE: